Leonhardt says the first two situations are easier to recognize than the third. If your client is desperate to put this issue behind him or her or in need of money that could come from a settlement, you should advise the client of the dangers of the situation but ultimately it’s the client’s decision what to do. If the other party is suddenly interested in negotiation it should not be a big deal to ask for a little time to prepare.
In the third situation not all of us have minds with airtight compartments for all the things going on in our lives. Given the energy and focus needed for a successful negotiation it may be best to try it when the rest of your client’s life is in relatively good shape. Leonhardt shares the story of a successful industrial designer who ended up getting the short end of the stick because he entered into negotiations during a tough stretch in his life.


