4 Legal English Podcast | Episode 095
Virtual negotiations are now a normal part of international legal practice. Lawyers negotiate contracts, settlement terms, payment arrangements, and disputed provisions through Zoom, Microsoft Teams, Google Meet, and other online platforms.
The legal issues may be the same as in an in-person meeting, but the communication environment is different. Technical delays, limited body language, interruptions, and uncertainty about what someone has actually agreed to can all create misunderstandings. For international lawyers working in English, these challenges can be even greater.
Strong Legal English for virtual negotiations therefore begins with preparation and structure.
You can listen to the 4 Legal English Podcast here, or anywhere where you can find podcasts!
Subscribe to the 4 Legal English Podcast
Prepare the Language Before the Negotiation
Before the meeting, identify the vocabulary you are likely to need. A contract negotiation might involve terms such as breach, termination, damages, indemnity, confidentiality, and limitation of liability. A settlement discussion may require offer, counteroffer, release, payment schedule, admission of liability, and without prejudice.
Knowing the relevant vocabulary is only part of the preparation. It is also useful to prepare the phrases you may need when you want to be deliberately cautious:
- “We can consider that proposal, but we are not accepting it at this stage.”
- “That would be subject to client approval.”
- “Our client has authorized us to make the following proposal.”
These phrases help distinguish discussion from actual agreement.
Know Your Position—and Your Authority
Before negotiating, identify three things: your preferred position, your fallback position, and your non-negotiable points.
You should also know exactly what authority you have. Can you make proposals? Can you accept particular terms? Does any final agreement require approval from the client, a partner, a board, or someone else?
This is particularly important online, where a phrase such as “That sounds reasonable” or “That may work” can easily be interpreted as more definite than the speaker intended.
If approval is still required, say so clearly.
Give the Meeting a Clear Structure
A simple agenda can prevent a virtual negotiation from becoming disorganized. Identify the issues that remain open and consider discussing them one at a time.
Useful opening language includes:
“The purpose of today’s call is to discuss the remaining issues in the draft agreement.”
“We’d like to focus on three issues today: payment, confidentiality, and limitation of liability.”
“Would it be helpful if we take the issues one at a time?”
You can also establish what will happen at the end: “We can summarize any agreed points and identify the issues that remain open.”
Clarify the Status of the Discussion
Depending on the negotiation, you may also need to clarify its legal or practical status at the beginning.
In settlement discussions, lawyers in many common-law contexts may describe communications as “without prejudice.” The exact legal effect of this phrase depends on the applicable jurisdiction, so it should not be treated as a universal formula.
Similarly, if the negotiators do not have authority to reach a final agreement, it is better to establish this before substantive negotiations begin: “Any final agreement will be subject to client approval.”
Practical Takeaway
A successful virtual negotiation begins before anyone joins the call. Prepare the vocabulary, understand your negotiating position, confirm your authority, organize the relevant documents, and decide how you want to structure the discussion.
Then open the meeting with clear, professional language.
In virtual negotiations, clarity does more than make your English sound professional. It reduces misunderstanding and helps protect both the client and the negotiation process.
Legal English Lexicon
Agenda
A list or plan of the topics that will be discussed during a meeting or negotiation. An agenda helps keep a virtual negotiation organized.
Example: “Before the call, counsel circulated an agenda identifying the three remaining contract issues.”
Authority
The power or permission to make a decision, approve a term, or enter into an agreement on behalf of someone else.
Example: “The lawyer had authority to discuss settlement but needed the client’s approval before accepting a final amount.”
Fallback position
A secondary position that a client may accept if the preferred position cannot be achieved.
Example: “Our preferred payment term is 30 days, but our fallback position is 45 days.”
Non-negotiable point
A term or issue that a party is unwilling to give up or compromise on.
Example: “The client made clear that protection from personal liability was a non-negotiable point.”
Open issues
Issues that have not yet been resolved or agreed between the parties.
Example: “Payment has been agreed, but indemnity and governing law remain open issues.”
Privileged communication
Confidential communication protected from disclosure, often communication between a lawyer and client.
Example: “Before sharing her screen, the lawyer closed an email containing privileged communication with the client.”
Redline
A version of a document that shows changes made to an earlier version.
Example: “The parties reviewed the latest redline during the contract negotiation.”
Subject to client approval
A phrase meaning that a possible term or agreement is not final until the client approves it.
Example: “We can discuss the proposed payment schedule, but any agreement will be subject to client approval.”
Talking points
Short notes identifying the important points a person plans to discuss during a meeting or negotiation.
Example: “Counsel prepared talking points covering liability, payment, and confidentiality before the call.”
Term sheet
A document summarizing the main terms of a proposed transaction or agreement, often before the final contract is drafted.
Example: “The parties used the term sheet as the basis for negotiating the final agreement.”
Virtual negotiation
A negotiation conducted online rather than in person, usually through a platform such as Zoom, Teams, or Google Meet.
Example: “The lawyers held a virtual negotiation to resolve the remaining issues in the draft contract.”
Without prejudice
A phrase commonly used in settlement discussions in some common-law jurisdictions to indicate that statements made for settlement purposes generally should not later be treated as admissions of liability. The exact legal effect depends on the applicable law.
Example: “Counsel began the settlement call by confirming that the discussion was without prejudice.”
Further Resources
American Bar Association — Formal Opinion 498: Virtual Practice
Guidance on lawyers’ ethical responsibilities when practicing virtually, including competence, communication, confidentiality, technology, and protecting client information. ABA Formal Opinion 498: Virtual Practice
American Bar Association — Formal Opinion 477R: Securing Communication of Protected Client Information
Discusses lawyers’ responsibility to take reasonable precautions when communicating client information electronically. ABA Formal Opinion 477R
American Bar Association — Model Rule 1.6: Confidentiality of Information
Provides the ABA Model Rule on protecting information relating to client representation, including the duty to make reasonable efforts to prevent unauthorized disclosure or access. ABA Model Rule 1.6
Program on Negotiation at Harvard Law School — Online Negotiation Strategies: Email and Videoconferencing
Explores some of the communication difficulties created by videoconferencing and other forms of online negotiation, including reduced nonverbal information and the potential for misunderstandings. Online Negotiation Strategies: Email and Videoconferencing
Transcript
Introduction: Why Virtual Negotiations Require Clear Legal English
Have you ever been in a virtual legal negotiation where everyone seemed to understand each other, but after the call, the email showed something different? Maybe you thought the other side had accepted your proposal, but they only meant they would discuss it with their client. Maybe someone said “yes,” but they meant “yes, I understand,” not “yes, I agree.” Maybe there was silence on the call, and you were not sure whether it meant disagreement, confusion, or just a bad internet connection.
This is one of the real challenges of virtual negotiation. When lawyers negotiate on Zoom, Teams, or Google Meet, the legal issues may be the same, but the communication problems are different.
On the docket today, we’re talking about legal English for virtual negotiations. We’ll look at how lawyers can open a meeting professionally, manage interruptions, clarify offers and counteroffers, confirm authority, use phrases like “subject to client approval,” and protect the client by confirming important points in writing. Because in virtual negotiations, clear legal English is not just polite; it is part of the strategy.
Greetings, colleagues, and welcome to the For Legal English podcast, where legal professionals around the world improve their legal English and communicate with more clarity and confidence. On the docket today: legal English for virtual negotiations and communication skills for lawyers.
Podcast Updates: New Short Episodes and Webinars
Colleagues, before we continue, I want to tell you about a couple of new things coming to For Legal English. Reaching 100 episodes of this podcast has made me think quite a bit about where we go from here and about different ways I can make the podcast and For Legal English more useful to you.
Over the next few months, I’m going to try a couple of new things. The first is something called For Legal English in Four Minutes. These will be very short episodes, about four minutes long, focused on one useful legal English word, phrase, distinction, or communication skill. The idea is not to replace our regular episodes. Those will continue. Instead, on some of the weeks between the longer episodes, you’ll get a quick legal English lesson that you can listen to in just a few minutes.
For now, this is an experiment. I’m going to try it for two or three months and see how it works. So if you enjoy the For Legal English in Four Minutes episodes, or if there are particular topics you’d like me to cover, please let me know. Your feedback will help me decide whether this becomes a regular part of the podcast.
I’m also planning three free For Legal English webinars starting in October. These will give us an opportunity to go deeper into some practical legal English skills in a live format. The first webinar will be Better Legal Emails: How to Sound Clear, Professional, and Confident. I will share more information about that webinar and the other two as we get closer.
After 100 episodes, I certainly do not want to change what has been working. But I do want to keep looking for better ways to help international lawyers and law students around the world improve their legal English. So think of the next few months as a little experimentation here at For Legal English: more full episodes, some very short ones, and some live webinars. I hope you’ll join me for all three.
What Is a Virtual Negotiation?
Greetings, colleagues, and welcome back to the For Legal English podcast. On the docket today, we’re talking about legal English for virtual negotiations and how lawyers can communicate clearly and professionally when negotiating online.
This may mean negotiating on Zoom, Teams, Meet, or many other virtual platforms. The platform does not matter as much as the communication problem. Lawyers today often negotiate without being in the same room. They negotiate contracts online, settlements, payment terms, commercial disputes, and even draft clauses online. You can speak with clients, opposing counsel, business teams, and international partners through video calls. This is now a normal part of legal practice, especially in the international community where people may be thousands of miles or kilometers apart.
But virtual negotiation is not exactly the same as in-person negotiation. The legal issues may be the same. The contract may be the same. The settlement amount may be the same. But the communication environment is different. When the environment is different, the lawyer’s communication skills must also be different.
Let’s define the main term first. A virtual negotiation is a negotiation that happens online rather than in person. A negotiation is a discussion where two or more sides try to reach an agreement. In legal work, a negotiation may involve many things: a contract term, a settlement amount, a deadline, a confidentiality clause, an indemnity clause, a payment schedule, or the wording of a disputed provision. A provision is a specific part of a legal document, such as a clause, paragraph, or section.
So when lawyers negotiate virtually, they are still doing legal work. They are still protecting their client’s interests, identifying risks, and making proposals and counterproposals. A proposal is a suggested solution or offer. A counterproposal is a new proposal made in response to an earlier proposal, changing one or more of the terms.
Communication Risks in Virtual Negotiations
Online, several things become harder. It can be harder to read body language, which means the way people communicate through movement, facial expression, posture, and gestures. In person, you may notice if someone looks uncomfortable, if the other lawyer pauses before answering, if the client seems confused, or if the business people in the room are reacting badly to a proposal.
But on a video call, some of those signals are much weaker. Maybe the camera is off. Maybe the connection is poor. Maybe there is a delay. Maybe someone is checking documents on another screen. Maybe several people speak at the same time. Maybe someone is silent, and you do not know why. Is that silence agreement, disagreement, confusion, a technical problem, or simply someone thinking?
This matters because, in negotiation, silence can be dangerous if you interpret it incorrectly. To interpret something means to understand its meaning. If the other side is silent after your proposal, you cannot automatically assume they agree. In negotiations, agreement must be clear. In virtual negotiation, clear agreement usually needs to be confirmed.
That brings us to another important term: acceptance. In negotiation, acceptance means agreeing to an offer or proposal. But lawyers must be careful. A person may say “yes” and only mean “yes, I understand.” They may not mean “yes, I accept.” That difference is critical.
If you are negotiating online, you may need to ask: “Just to confirm, are you accepting that term?” Or: “Is that a formal offer or only a proposal for discussion?” Or: “Is this subject to client approval?”
The phrase “subject to client approval” means the lawyer may discuss a possible agreement, but the client must approve it before it becomes final. It is a very useful phrase in legal negotiation. For example, a lawyer might say, “We can consider that proposal, but it is subject to client approval.” That means the lawyer is not formally accepting it yet and must speak with the client first. This protects the lawyer and the client from misunderstanding.
Legal English Challenges for International Lawyers
For international lawyers, virtual negotiation creates another challenge. You are not only negotiating; you are negotiating in English. You may be negotiating with native English speakers who speak quickly, use idioms, interrupt politely but often, or use short professional phrases.
They may say, “Let’s circle back to that,” which means “let’s return to that topic later.” They may say, “We need to get this in writing,” which means written confirmation is needed. They may say, “This is a non-starter for our client.” A non-starter is a proposal that one side cannot seriously accept or even begin to negotiate from.
Be careful with phrases like that. “Non-starter” is useful to understand, but it can sound strong. If you want to be more neutral, you might say, “The proposal is difficult for our client to accept,” or “Our client cannot agree to that term in its current form.” These phrases are firm but professional.
That is the goal in virtual negotiation. You need to be clear without sounding rude. You need to be polite without sounding weak. You need to be flexible without accidentally accepting something. And you need to protect your client without creating unnecessary conflict.
This is why clear legal English is not only a language skill. In virtual negotiation, clear legal English is part of the legal strategy. A strategy is a plan for achieving a goal. If your communication is unclear, your negotiation strategy becomes weaker.
For example, imagine you say, “That might work.” What do you mean? Do you mean your client accepts? Do you mean your client may consider it? Do you personally think it is possible? Do you mean it is legally acceptable but commercially risky? That phrase may be too vague.
A better sentence might be: “We can consider that proposal, but we are not accepting it at this stage.” Or: “From a legal perspective, that may be possible, but we need client approval before agreeing.” Or: “We are willing to discuss that option, but our client has not authorized us to accept it.”
The word “authorize” means to give permission. In legal work, client authorization is important. A lawyer may discuss possible terms, but the lawyer may not have the authority to accept a final agreement without the client’s approval. That is why lawyers often use phrases like “subject to client approval,” “without prejudice,” “for discussion purposes only,” and “we reserve our rights.”
What This Episode Covers
Virtual negotiation requires careful language because misunderstandings are easier online. A delay may sound like hesitation. An interruption may sound rude. A bad microphone may make a careful answer sound uncertain. “Yes” may not mean acceptance. A chat message may create a written record. A screen share may accidentally reveal confidential information. A lawyer who does not confirm the next steps may leave the meeting with a different understanding from everyone else. That is a serious problem.
In this episode, we will focus on practical communication skills for virtual legal negotiations. We will talk about how to prepare before the call; how to open the meeting professionally; how to speak clearly using short sentences, signposting, and summaries; how to manage interruptions, silence, and technical delays; how to clarify offers, counteroffers, acceptance, and authority; and how to use chat, screen sharing, and written follow-up carefully.
By the end of this episode, you should have practical legal English phrases you can use in online negotiations. More importantly, you should understand how to reduce confusion, confirm meaning, and protect your client in a virtual setting. Because in virtual negotiation, the best lawyers do not simply talk. They structure the conversation, clarify the terms, confirm the agreement, and make sure that everyone understands what has and has not been agreed.
Preparing Before the Call: Vocabulary, Strategy, and Agenda
Now let’s move to preparation. In virtual negotiation, preparation is not optional; it is essential. Why? Because online communication is easier to misunderstand. People interrupt each other. The audio may be unclear. There may be a delay. Someone may speak too quickly, turn off their camera, send a message in the chat, or share a document on screen. And if English is not your first language, you may need extra time to listen, process the meaning, and respond professionally.
Before a virtual negotiation, you should prepare in three ways. First, prepare your vocabulary. Second, prepare your strategy. Third, prepare your agenda. Vocabulary, strategy, agenda.
Prepare Your Vocabulary
Before the call, ask yourself: what legal terms will probably come up in this negotiation? If the negotiation is about a contract, you may need words like breach, termination, notice, cure period, damages, liability, indemnity, confidentiality, governing law, and jurisdiction. You may already be familiar with some or all of these terms. But if not, before the virtual negotiation, you should review commonly used contract terms and anticipate others that might come up.
If you have prepared the vocabulary before the call, you can respond more confidently. If the negotiation is about a settlement, you may need a different vocabulary, such as offer, counteroffer, release, confidentiality, payment schedule, dismissal, admission of liability, and without prejudice.
Prepare Your Strategy
A strategy is your plan for achieving your goal. In negotiation, you should not enter the call only thinking, “I hope we get a good result.” That is not enough. You need to know your client’s position. A position is what your client wants. For example, your client may want payment within 30 days, a limitation of liability clause, or a dispute settled for no more than $50,000.
You also need to know your client’s fallback position. A fallback position is the position your client may accept if the first position is not possible. For example: “Our client prefers payment within 30 days, but could accept 45 days if there is a late payment penalty.” Or: “Our client prefers full confidentiality but could accept limited disclosure to auditors or regulators.”
You should also know your client’s non-negotiable points. A non-negotiable point is something your client is not willing to give up. For example: “Our client cannot accept personal responsibility.” Or: “Our client will not agree to New York litigation but may agree to arbitration.” Or: “Our client cannot accept any admission of wrongdoing.”
These points matter because online negotiation can move quickly. If you do not know your limits before the call, you may say something vague or dangerous, such as, “That may be acceptable.” But what does that mean? Does it mean the client accepts? Does it mean you personally think it is possible? Does it mean it is subject to client approval?
A safer phrase would be: “We can consider that proposal, but we are not accepting it at this stage.” Or: “That may be possible, but I would need to confirm with my client.” Or: “That would be subject to client approval.”
Confirm Authority
Before the call, you should also confirm authority. Authority means the legal or practical power to make a decision. In negotiation, a person may have authority to agree, or they may need approval from someone else.
For example, outside counsel may not have authority to accept a settlement without the client’s permission. A company representative may need board approval. A junior lawyer may need approval from a partner. A government lawyer may need approval from a supervisor or agency head.
Ask yourself before the call: Who has authority to agree? Can I accept any terms today? Can the other side accept terms today? Do we need client approval?
When we talk about authority, it is important to understand both your authority and the other side’s authority. This is very commonly split. For example, you might have authority to offer up to $50,000, but not more. If you can settle for $30,000, $40,000, $49,000, or $50,000, then you can make that deal. But if the other side wants $51,000 or $75,000, you do not have authority for that. Even if you think it is a good deal, you still need your client’s approval, your supervisor’s approval, or whatever approval is required.
This is why some mediation or arbitration clauses may require a representative with authority to attend. What is the point in negotiating all day, or for several days, if you later find out the other side does not have authority to make a binding agreement or commitment?
Some helpful phrases include: “We are prepared to discuss possible terms today, but any final agreement will be subject to client approval.” Or: “I have authority to discuss settlement, but not to accept a final amount today.” Or: “Our client has authorized us to make the following proposal.” That last sentence is strong. It means the client has given permission to make that proposal.
Prepare the Agenda
An agenda is the list of topics for a meeting. In virtual negotiation, an agenda is very useful because it gives structure. Without structure, online meetings can become messy. People may jump from one issue to another. One person may talk too long. Important points may be forgotten. The meeting may end without clear next steps.
Before the call, prepare a simple agenda. For example: first, confirm the purpose of the meeting; second, identify the open issues; third, discuss each issue one at a time; fourth, confirm any agreed terms; and fifth, identify any remaining issues and next steps.
The phrase “open issues” means issues that have not yet been resolved. For example, the payment deadline may be agreed, but the indemnity clause remains an open issue. That means the parties have agreed on payment timing, but not on indemnity.
You can use agenda language at the beginning of the call. For example: “The purpose of today’s call is to discuss the remaining issues in the draft agreement.” Or: “We’d like to focus on three issues today: payment, confidentiality, and limitation of liability.” Or: “Before we begin, can we confirm the agenda?” Or: “Would it be helpful if we take the issues one at a time?”
The last phrase is very useful. It sounds polite, gives structure, and helps avoid confusion.
Prepare Talking Points and Documents
Talking points are short notes that help you remember what you want to say. They are not a full script; they are key points. Before a virtual negotiation, write down your talking points. For example: issue one, limitation of liability; our position, liability should be capped at fees paid under the agreement; fallback position, cap at two times the fees; non-negotiable point, no liability for indirect damages.
Before a virtual negotiation, make sure you know which documents may be discussed. For example: the draft contract, the redline, the settlement proposal, the term sheet, the complaint, the demand letter, the invoice, the notice of breach, and the email chain.
A redline is a version of a document showing changes from an earlier version. A term sheet is a document that summarizes key terms of a deal or proposed agreement. A demand letter is a formal letter asking another party to do something, often to pay money, stop conduct, or comply with legal obligations.
If the other side refers to the redline, the term sheet, or the notice letter, you should know which document they mean. In virtual meetings, document confusion wastes time and creates risk. Prepare the documents, label them clearly, and have them ready to open. Also be careful with screen sharing. Do not accidentally share confidential notes, internal comments, or privileged communications.
Remember, a redline document may have comments from both sides, but it may also have your internal comments explaining what you would accept or not accept. That is probably not something you want to share.
Key Preparation Phrases
Before a virtual negotiation, prepare your vocabulary, strategy, and agenda. Prepare vocabulary so you can understand and use the key legal English terms. Prepare strategy so you know your client’s position, fallback position, and non-negotiable points. Confirm authority so you know what you can and cannot agree to. Prepare talking points so your speech is clear. Prepare documents so you can refer to them quickly and safely. And prepare roles so your team speaks with one clear voice.
Useful phrases from this section include: “The purpose of today’s call is…” “Our main objective is…” “Our client’s position is…” “We can consider that proposal, but we are not accepting it at this stage.” “That would be subject to client approval.” “Our client has authorized us to make the following proposal.” “Before we begin, can we confirm the agenda?” “The remaining open issues are…” “We’ll confirm any agreed terms in writing.”
These phrases are simple, but they are powerful. They help you sound organized, professional, and careful. In a virtual negotiation, that matters because when the meeting is online, confusion comes easily. Preparation is how you reduce that confusion before it even begins.
Resource Reminder: Use the Episode Briefs
Colleagues, if you’ve been listening to this podcast for a while, first, thank you. Many of you have spent hours with me through these legal English lessons, and I truly appreciate that. But I want to remind you that you do not have to learn only by listening.
For many episodes, you can go to forlegalenglish.com and find the episode brief, key vocabulary, legal English lexicon, blog posts, and other resources connected to the topic. This is important because listening helps your ear, but reading helps your understanding. If English is not your first language, reviewing the episode brief after you listen can help you remember the legal terms, understand the examples, and use the phrases more confidently in your own legal work.
So after this episode, visit forlegalenglish.com. That’s “four” as in the number 4, legalenglish, no spaces or dashes, dot com. Listen here, then review there. That combination can make your legal English stronger.
Opening the Virtual Negotiation Professionally
Now that we’ve prepared for the call, let’s look at the next step: opening the virtual negotiation professionally. The first few minutes matter. In an online meeting, people may be joining from different offices, different countries, or different organizations. Someone may have the camera off. Someone may join by phone. Someone may not know who else is on the call. Before the legal discussion even begins, there may already be uncertainty.
A good opening reduces that uncertainty. You do not need a long speech. You do not need to sound formal or controlling. You simply need to establish some structure.
A useful opening usually does four things. First, confirm who is on the call. You might say, “Thank you for joining. Before we begin, can we briefly confirm who is on the call and each person’s role?” This is especially useful if several lawyers, clients, or business representatives are attending.
Second, state the purpose of the meeting. For example: “The purpose of today’s call is to discuss the remaining issues in the draft agreement.” Or: “The purpose of today’s meeting is to discuss possible settlement.” Or: “We would like to focus today on payment, confidentiality, and limitation of liability.” This helps everyone understand what the meeting is and what it is not. It can also help prevent the discussion from moving too quickly from one issue to another.
Third, clarify the status of the discussion when necessary. In settlement negotiations, you may hear the phrase “without prejudice.” In many common law contexts, lawyers use “without prejudice” to indicate that a settlement discussion should not generally be treated later as an admission of liability.
A lawyer might say, “For clarity, our understanding is that this discussion is without prejudice and for settlement purposes only.” The exact legal effect of “without prejudice” depends on the jurisdiction, so you should always check the applicable law in a real matter. For legal English purposes, however, the important point is to recognize the phrase and understand why lawyers use it.
In another negotiation, the important qualification may be client approval. You might say, “Any final agreement today will be subject to client approval.” Notice where it appears: at the beginning of the call, before there is any opportunity for confusion about whether the lawyer can make a final commitment.
Fourth, propose a simple structure. You might say, “Would it be helpful if we take the issues one at a time?” Or: “I suggest we begin with payment, then move to confidentiality, and finish with the release language.” Or: “To make the best use of our time, perhaps we can focus first on the issues that remain open.”
These phrases are useful because they give direction without sounding aggressive. You are not saying this is how the meeting must proceed. You are proposing a structure. In a virtual negotiation, structure is valuable.
You can also explain how you plan to finish the meeting. For example: “At the end, we can summarize any agreed points and identify the issues that remain open.” That sentence does important work. It tells everyone that discussion is not the same as agreement. It also prepares the group to confirm the result of the meeting before leaving the call.
Managing Technical Issues
Because this is a virtual negotiation, there is one more practical point: technical problems. You do not need a long discussion about technology. One sentence may be enough. For example: “Please let me know if the audio becomes unclear.” Or: “There may be a slight delay, so let us try to speak one at a time.” Or: “If anyone has trouble hearing me, please interrupt.”
This may sound minor, but it gives people permission to stop the conversation if they miss something important. In legal negotiation, pretending that you heard something when you did not is much more dangerous than asking someone to repeat it.
Sample Openings
Imagine you are opening a virtual settlement negotiation. You might say:
“Thank you for joining the call. Before we begin, could we briefly confirm who is on the call and each person’s role? The purpose of today’s meeting is to discuss possible settlement of the dispute. For clarity, our understanding is that the discussion is without prejudice and for settlement purposes only. We suggest taking the issues one at a time: first payment, then confidentiality, then release language. At the end, we can summarize any agreed points and identify the issues that remain open. Please let me know if the audio becomes unclear.”
That opening is not complicated, but notice what it accomplishes. It confirms the participants, states the purpose, clarifies the status of the discussion, gives the meeting a structure, prepares everyone for a summary at the end, and recognizes that technical problems may occur.
For a contract negotiation, the wording might be slightly different:
“Thank you, everyone. The purpose of today’s call is to review the remaining open issues in the draft agreement. We suggest discussing each issue separately and confirming at the end which points are agreed and which remain open. Any final agreement today will be subject to client approval.”
Again, this is simple, clear, and professional.
What to Avoid in the Opening
There are also a few things to avoid. Do not begin with, “So what do you want to talk about?” if the purpose and agenda should already be clear. Do not say, “We’re ready to agree today,” unless you actually have authority to do that. And be careful with casual phrases such as, “That sounds fine,” if you only mean that you are willing to discuss the idea.
The opening of a negotiation is not the moment for vague language. It is the moment to create clarity.
Other useful phrases include: “Thank you for joining the call.” “Before we begin, could we confirm who is on the call?” “The purpose of today’s meeting is…” “For clarity, our understanding is that this discussion is without prejudice.” “Any final agreement will be subject to client approval.” “Would it be helpful if we take the issues one at a time?” “At the end, we can summarize any agreed points and open issues.” “Please let me know if the audio becomes unclear.”
A strong virtual negotiator does not need to dominate the opening. The goal is much simpler: create enough structure that everyone knows who is there, why they are there, what they are discussing, and what will happen next. If you do that, you have already reduced one of the major risks in virtual negotiation: confusion.
Episode Summary and Next Steps
Let us bring the episode together. Virtual negotiation creates communication problems that are less obvious when everyone is sitting in the same room. It may be harder to read body language. Technical delays can create awkward interruptions. People may have different understandings of authority. And a short phrase can sometimes sound more definite than the speaker intended.
That is why preparation matters. Before the call, prepare the legal English vocabulary you expect to use. Know your client’s preferred position, fallback position, and non-negotiable points. Confirm what authority you have. Organize the documents you may need. And prepare a simple agenda so you know what issues you want to address and in what order.
Then, when the call begins, create structure. Confirm who is present. State the purpose of the meeting. Clarify the status of the discussion when necessary. Suggest taking the issues one at a time.
One of the themes of this podcast is that professional legal English is often strongest when it is clear and direct. For example: “The purpose of today’s call is…” “Our client’s position is…” “Any final agreement will be subject to client approval.” “Would it be helpful if we take the issues one at a time?” Those are relatively simple sentences, but they can help prevent complicated problems.
In negotiation, clarity is not only about sounding professional. It helps protect the client, the lawyer, and the negotiation process itself.
In our next episode on virtual negotiations, we will move from preparing and opening the meeting to what happens once the negotiation is actually underway. We will look at speaking clearly, managing interruptions and silence, clarifying offers and counteroffers, confirming authority and agreement, and using chat, screen sharing, and written follow-up carefully.
For now, remember this: a strong virtual negotiation begins before anyone joins the call.
If you found this episode useful, visit forlegalenglish.com for more legal English lessons, episode resources, vocabulary, and courses for international lawyers and law students. And if you know a colleague who negotiates in English, especially online, send them this episode. I would really appreciate it.
Thank you for listening to the For Legal English podcast.
4 Legal English Podcast
Are there any terms from the podcast you would like further explained? Comment below!
Please subscribe, rate us 5 stars, and leave a review!
