This contract tip is about what makes someone a great contract lawyer.
We do not become great because we blindly follow contract academics' instructions on how to write each contract provision. If that were true, we could all be replaced tomorrow with an artificial intelligence contract drafting program.
We do not become great because we memorize the law and know the applicable statutes. If that were true, we would task contract negotiations to law school professors.
Technical drafting skills and knowledge of the law are important. But what differentiates the great contract lawyers is that they understand the psychology part of it.
They know what their counterparts are thinking, what is important to them, how best to communicate with them, and how to build enough rapport to reach an agreement.
Great contract lawyers and professionals know how to apply their knowledge of drafting techniques to make edits that persuade the counterparty.
They know which words to include or omit from a tactical perspective, not just an academic one.
They know how to read the other side to decide when to hold fast and when to concede.
If you want to become a great contract lawyer, don't just focus on the words and the law. You also need to focus on understanding the people involved and their motivations.
What do you see as the most important differentiator between good contract lawyers and great ones?
