All-In: The cards are stacked against him: The lawyer Harvey Specter [1] sees that his client is about to lose ownership of his 30 million dollar company. Hence, Harvey challenges the acquiring competitor to a poker game for the company as a last resort. In the very first round, with only two known cards, he goes all-in. He points out his opponent’s lack of business experience and asks him to call the bet. When his opponent then folds and Harvey reveils his bluff, the former is so rattled that Harvey subsequently destroys him within 20 minutes and forces him to give up. “I don’t play the odds, I play the man!” reads one of his most iconic quotes. [2]
The main character of the series “Suits” Harvey Specter is a strategic mastermind. He is called as a “closer” in his law firm to close particularly difficult transactions. Over several seasons, he repeatedly demonstrates his prowess with people and his negotiation skills, which he adeptly uses to achieve his personal goals. In the process, he has mastered analyzing the human psyche of his counterparts, finding out conflicting and parallel interests, thus gaining a good negotiating position. The following list compiles a selection of books that contain knowledge and techniques for doing this and that Harvey may have read on his way to becoming New York’s best closer. [3]
1. „How to Win Friends and Influence People”
by Dale Carnegie
The book is an absolute classic and represents in many respects the basis of all considerations for achieving one’s own goals in cooperation with others. The pioneer of the genre of self-help literature from 1936 has already offered a good introduction to the subject of interpersonal psychology to several generations.
Practice-oriented and close to everyday life, the author Dale Carnegie describes the basic needs of people, and how to fulfill them to your advantage. As a fundamental guiding principle for success in dealing with strangers, friends family or business partners alike, a quote from legendary entrepreneur Henry Ford summarizes its philosophy:
“If there is a secret to success, it lies in the ability to put yourself in the other person’s point of view and to see things from their point of view as well as your own.”
Comprehending someone else’s interests puts you in a position to match them with your own and develop a path that you can follow to your mutual advantage. After all, the only way to get someone to do something is to get them to want to do it! So focus on how you can convince them that your proposed path will ultimately serve their own interests!
For example, before a job interview, think about what your potential employer’s exact interests are, and explain how you can fulfill those interests, rather than talking at length about your own wants and needs. Before any contract negotiation, consider what your business partner’s real economic goal is, and whether you might be able to achieve it even more easily and advantageously for you. And if you are entrusted with a work order, it is helpful to provide an unexpected additional service that helps your client personally (“overdeliver”). All these techniques are ultimately developments of Carnegie’s principle of recognizing other people’s interests and harmonizing them with one’s own.
In addition, the book contains many other useful little nuggets of knowledge in successful communication, such as the importance of addressing the other person personally by name, showing genuine interest in the person you are talking to, and setting expectations for the other person themselves, which they are then expected to meet in order to maintain them.
The beauty of this book is that it focuses on what really matters in successful interpersonal communication: creating true win-win situations and laying a foundation for success for both parties.
2. „Thinking, Fast and Slow“ by Daniel Kahnemann
Another important book for understanding the basic functioning of the human psyche is “Thinking, Fast and Slow” by Daniel Kahnemann. With his research conducted with Amos Tversky, the author and winner of the Alfred Nobel Memorial Prize in Economics made an important contribution to the discipline of behavioral economics and founded the new field of “Prospect Theory”.
The book explains human thinking through two systems: on the one hand, there is System I, which operates intuitively, unconsciously, and often systematically biased (“biased”); on the other hand, there is the controlled, logical, conscious, and rational thinking of System II. In the course of evolution, energy-optimizing humans have evolved to rely predominantly on System I, without controlling the insights gained through System II.
This leads to a number of systematic misconceptions (“biases”), where our brain takes “shortcuts”, which, however, do not lead to a correct result. Examples are “priming” , “framing” , the “sunk cost fallacy” or the “halo effect” . The list of the Wikipedia article on cognitive biases is even more comprehensive.
The book describes some of them vividly, presents various psychological experiments and analyzes heuristics, i.e. “rules of thumb”, which provide maxims for action in the presence of incomplete information. Knowing these distortions of perception is helpful in recognizing them in everyday life or in negotiation situations, which then enables a truthful assessment of the situation through logical reasoning using System II.
3. „Nudge“ by Richard H. Thaler and Cass R. Sunstein
Also concerning the field of behavioral economics, this book examines the way in which human decisions can be influenced by small units of information (“nudges“) without exerting coercion on the deciding person. The decision maker is supposed to retain all courses of action in principle, but be “nudged” in the right direction by a small amount of influence.
The book builds on some of the fundamentals from “Thinking, Fast and Slow” and also uses two models of thinking called “reflected” and “automated” thinking. In it, Alfred Nobel Memorial Prize in Economics winner Richard Thaler and Harvard Law Professor Cass Sunstein argue for a “libertarian paternalism” that allows the state to influence its citizens without limiting their freedoms.
Nudges can take a variety of forms; they are used, for example, by companies in their product presentation or workplace design, but also by governments in the implementation of their policy agenda. For example, the willingness to donate organs could be greatly increased if everyone was registered as an organ donor in a “default setting” and it required an active objection not to become an organ donor (“opt-out solution”).
Whether such influence is effective or even whether the subconscious influencing of consumers and citizens is morally justifiable has been the subject of controversial debate for years. Unless the targeted design of the “decision architecture” is actively pointed out, it is helpful for the individual addressee to recognize these systems in order to be able to take them into account in his or her independent decision-making.
4. „Influence“ by Robert Cialdini
The best-selling book by marketing psychologist Robert Cialdini goes one step further: it explores the question of how to use psychological insights in a practical way to influence others.
In doing so, Cialdini defines six principles of influence:
Consistency, Reciprocity, Social Proof, Authority, Liking, and Scarcity. These are illustrated by memorable examples from the everyday world: for example, charity organizations increase the willingness of people to donate significantly if they give them a small gift beforehand, even if it is not valuable (reciprocity).
Or the sales strategy of “reject and retreat“, in which people start with the highest possible offer, which is then gradually lowered (see priming technique under 2.). Or the “mirror and match” technique, in which physical behaviors of negotiating partners are mirrored and thus increased sympathy is to be achieved.
The 1984 classic has endured for decades and is now standard reading for sales personnel at car dealerships or tech companies alike. In the meantime, the series has also been expanded to include the title “Pre-Suasion”, which focuses on how to lay the foundation for agreement in preparation for negotiations.
5. „Getting to Yes“ by Roger Fisher and William Ury
Since Harvey is a graduate of the American elite Harvard University and his law firm hires new lawyers exclusively from there (unless they have a photographic memory and a drug problem), he will not have been able to avoid this book either:
“Getting to Yes” describes the techniques compressed from the Harvard Negotiation Program to achieve win-win situations between contracting parties. This follows a rather rationalistic approach, according to which talks should be focused on the interests of the parties, options should be presented, and decisions should be made according to objective evaluation criteria. This should be done against the background of a BATNA, i.e. the Best possible Alternative to a Negotiated Agreement. This alternative option leaves the possibility of getting up from the negotiating table at any time, should the negotiations not reach a desired result.
Furthermore, the book gives the advice to separate the negotiation matter from the negotiators in order to avoid emotional entanglements and to prioritize progress on the matter. In addition, a broad range of options should be laid out in preparation and solutions pursued based on them.
By reading this book, nothing should stand in your way of getting started at Pearson & Hardman.
6. „Never Split the Difference“ by Chris Voss
In commercial transactions between companies, compromises are beneficial and welcome, but what happens when one negotiating party threatens the other for its life? Is there then still room to meet halfway?
Whereas the previous book takes a more rationalistic approach to negotiations, this book (subtitled “Negotiating as if your life depended on it“) takes a more emotional approach. No wonder, since the stakes could hardly be higher for the author: he worked for years as chief negotiator for the FBI and thus had to deal with hostage-takers, terrorists, bank robbers and extortionists. When human lives are at stake, compromise is not an option.
In addition to some adrenaline-fueled stories, the book contains various techniques that were used in such exceptional situations. One of these techniques is asking “calibrating questions”, open-ended questions that do not allow for a short answer. For example, when the FBI negotiator is confronted by the hostage-takers with an unfulfillable demand such as a getaway vehicle, Voss responds, “How do you want me to do that?” This counter-question buys him time, shifts the negotiator’s focus to extraneous problems, and forces him to take his counterpart’s perspective.
Other techniques include the “late night fm DJ” voice, which speaks calmly, serenely, and confidently in a lowered pitch. Unlike negotiation tactics focused on the “Yes,” Chris Voss’s method targets a “No” from the negotiating partner, because from that moment on, the negotiation really begins. The “no” serves as a temporary cementation of the status quo, from which unfavorable alternatives can be excluded.
In addition, techniques such as “labeling”, i.e. naming impressions of the other party (“It seems you are concerned about …”) or “mirroring”, i.e. replicating the behavior of the other party, are described as techniques to break the ice between the parties.
Voss states that the goal of the negotiation is for the partner to say the following words. “That’s right!” To achieve this, Voss considers the content exchanged in the conversation to be only 5% decisive; the tone (38%) and body language of the negotiating partner (55%) are more important.
Finally, the book includes detailed protocols for breaking deadlocked situations and the importance of preparing well for the negotiation.
Voss also emphasizes the importance of looking for unknown influences on the negotiation, so-called “black swans”, which can completely turn the context of the negotiation upside down. He recommends keeping an eye out for these, coming across them through certain leading questions, and thus gaining additional negotiating power over the opponent.
The book thus covers a range of negotiation techniques for situations where giving in is not an option.
7. „The Art of War“ by Sun Tsu
This “bible” of strategic thinking is even more martial: The notes of the ancient Chinese general Sun Tsu have already been applied to the business world by various generations of managers. And no, reading them won’t turn you a 5-star general or a tactical mastermind overnight, but the principles they contain still provide helpful food for thought when solving conflict situations.
Be it the advice to determine the location of the “battlefield” yourself and thus gain advantages through superior local knowledge. Or the consideration of when to concentrate one’s forces and when to divide them among several challenges. Or that it is crucial to know oneself and one’s own strengths and weaknesses in addition to one’s opponent.
With its history of over 2400 years, the book is in any case an example of the Lindy Effect, according to which certain products and memes have proven a certain robustness by persisting over a long period of time and will probably be relevant for much longer.
In the shark tank of New York business law firms, it would certainly have helped Harvey avoid personal defeat.
8. „The Art of Thinking Clearly“ by Rolf Dobelli
Another practice-oriented collection of human fallacies is the book by Swiss management consultant and author Rolf Dobelli: In short chapters over a few pages each, a common psychological fallacy (“bias”) is explained and illustrated with everyday stories.
The collection ranges from the “survivorship bias” (the systematic overestimation of chances of success due to the greater presence of success stories in our culture or in a sample) or the “swimmer’s body illusion” (selection criteria are confused with the outcome – the average high top salary of graduates does not say that an elite university is a good university).
Or the “confirmation bias” (the tendency of our brain to interpret new information in a way that confirms existing thought patterns) and “loss aversion” (we subjectively evaluate losses as more serious than corresponding gains).
In any case, the book provides the reader with a good overview on cognitive biases and is easy to understand and pleasant to read, especially because of the shortness of the chapters and their practical relevance.
9. „The Laws of Human Nature“ by Robert Greene
The bestselling author Robert Greene, born in 1959, studied classical philology and comparative literature. He worked as an editor in New York and London before settling in Los Angeles in 1987 to derive general maxims for action based on the analysis of the lives of well-known historical figures and to put them together in successful books.
His book “The Laws of Human Nature” claims to analyze the various human drives and behaviors and to offer a low-threshold introduction to psychological topics. In it, for example, the life stories of Martin Luther King, Pericles, Caterina Sforza, and former Walt Disney CEO Michael Eisner are used to analyze their experiences and derive lessons about general human behaviors.
Greene addresses the factors that led to the success or failure of the personalities and lists copyable strategies that can be transferred by anyone to the everyday world. Even if the insights thus gained are often trivil in nature, they offer interesting food for thought and open up exciting perspectives on historical figures.
10. „Your Next Five Moves“
by Partick Bet-David
Patrick Bet-David is an Iranian-American entrepreneur and multimillionaire whose story represents the original upward mobility narrative of the “American Dream“. Having fled Iran with his parents as a child, he came to the U.S. after a stint in a refugee camp in Germany. Following his basic military training, he founded his own company, PHP Agency Inc. in his late 20s, which operates in the insurance, sales and marketing business.
He is now a successful CEO and shares his experience on entrepreneurship on his YouTube channel “Valuetainment” with over 3.6 million subscribers.
In his 2019 book “Your Next Five Moves“, he summarized his most important lessons. This primarily provides insights into his structures and principles for building a profitable business.
For this, Bet-David recommends first becoming aware of your own strengths and weaknesses (“Move 1: Master Knowing Yourself“) and visualizing a “future truth” of yourself to strive for.
After that, the art of reasoning should be mastered (“Move 2: Master your Ability to Reason“), for which he provides concrete formulas and thought structures. Then the right team should be put together (“Move 3: Master Building the Right Team“) and motivated to top performance through appropriate incentive structures (e.g. equity compensation).
To give the company the financial breakthrough, the product should then be scaled (“Move 4: Master the Strategy to Scale“).
It gets interesting for future star attorneys especially in chapter 5, which focuses on perfecting so-called “power plays” (Move 5: “Master Power Plays“).
These should enable you to outplay even superior competitors through negotiation skills. The key here is negotiating leverage, i.e. certain positions of strength or weakness on the part of the negotiating partner that must be exploited to one’s advantage.
He identifies the skilful use of these negotiating levers as the most important skill of successful entrepreneurs. To optimize them, one should learn from people who have perfected the business: His interviews on his Youtube channel with personalities such as Kobe Bryant or Ray Dalio are definitely worth watching, also because he does not shy away from giving a voice to controversial people.
In addition, the book provides hands-on instructions for action (e.g.: “7 essential steps to prepare for an important meeting”).
The book ends with various self-reflection techniques and an epic closing speech for launching your own successful future (“Check Mate“).
„You must act like a great company, or in your case, like a great entrepreneur, a great influencer, a great intrapreneur, looooooooong before you ever become one! A visionary is not somebody living in the here and now. He has already seen at least five moves ahead and is living in that reality. […] Do you know who you want to be? Do you have a clear vision of what that looks like? At this moment, is the way you are acting consistent with your future truth?”
With the information from these books you should be ready for the basic challenges of the New York legal world. Now you’re wondering why I’m sharing all these skills and techniques I’ve acquired over the years? Isn’t that giving away my best tricks?
Well, first of all, I am a firm believer in the democratization of knowledge, that is, giving everyone the keys to autonomous decision making. In addition, despite all the possibilities of psychological manipulation, you must always keep in mind what negotiating to conclude a contract is really about: creating a situation that is advantageous for both parties, which, as a win-win situation, allows them to cooperate voluntarily and work together in the long term in their mutual interest.
However, if in the course of the process your negotiating partner sees this differently, pulls out a (negotiating) gun and puts it to your head, you now know what to do: you take the gun, or you pull out a bigger one, or you call their bluff. Or you do any one of a 146 other things!
However, if he pulls out an assault rifle or even a rocket launcher, there’s probably only one good solution: “Better Call Paul!” 😉
Did you like the article, have any questions or criticism about individual concepts mentioned, or read useful books for law school success yourself? Then feel free to share your thoughts in a comment or write me a personal message to info@buecherderstars.de.
[1] Foto: Gabriel Macht, actor portraying Harvey Specter in the TV series „Suits“, Copyright: Shoushan Tavlian (https://commons.wikimedia.org/wiki/File:GabrielMachtMar09.jpg), „GabrielMachtMar09“, https://creativecommons.org/licenses/by/3.0/legalcode
[2] Suits, Season 2 Episode 6 „All-In“, (35:40 ff.)
[3] The considerations presented in this article are purely speculative and do not indicate any association with specific book titles intended by the creators of the “Suits” series. Rather, the listing should be understood as a possible book selection of any successful transactional lawyer.