It is often said the courtroom is theater; the same could be said of the boardroom. Some of the fundamental principles I have learned over the years apply to how you should prepare for a boardroom negotiation or transaction.
• Be prepared and organized.
It should go without saying that before any transaction, negotiation or other discussion, you are fully prepared on the documents and materials submitted in support of the discussion. Have documents neatly arranged for presentation. Have relevant provisions highlighted and bookmarked with tabs. Avoid voluminous sticky notes, as too many are distracting and sloppy. Your preparation and organized appearance will display confidence and readiness.
• Use your poker face.
If my Marine father taught me anything, it was discipline. My natural demonstrative facial expressions and eye rolling were not well received by my father. Such emotions are not persuasive and actually distract from the cause. When listening to someone, maintain a calm appearance, no matter what they are saying. Your heart may be racing, your blood may be pumping, and you will hear things that you did not expect. If you remain emotionless, no one can tell if you are surprised by the information. If you need to make notes, do so calmly and deliberately. Do not feverishly flip through documents and scribble notes. It looks excited and you want to demonstrate calmness even in the worst of storms.
• Steal; do not imitate.
It is often said that the best artists steal. But do not confuse stealing someone’s techniques with imitation. You should watch others and draw from their expertise, taking and adopting things that you like and that work for you. Do not, however, imitate. You have to be yourself and embrace your own voice. Others are good at what they do because that is who they are. You can take things from other people and incorporate them into your own presentation, but in doing so, be yourself.
• Get comfortable.
Before any trial-like process, I take in my surroundings, talk with my adversaries, talk with the staff and get comfortable in my environment. I do not want to appear nervous, as it will distract me from thinking clearly, responding thoughtfully and appearing organized. Accordingly, I do things that relax me in my environment. Everyone has their own ways of getting comfortable. Some people like to sit and be quiet; some people like to chat with other people; some people like to pace outside. Whatever works for you, do it and get comfortable before entering the battlefield.
Frank M. Flansburg III, Esq., is a trial lawyer and co-founder of the law firm Schwartz Flansburg.