SofaGeorge said:
On the first day of court when it came to settlement talks... he didn't just have to beat the crap out of the opposition... he ahd to beat the crap out of my own attorneys.
Good story. if you are well informed, you can often leverage your own attorneys' interests to force settlement of issues pre-litigation.
Of course, it very much depends on the type of suit, but most lawsuits are settled in mediations or pre-trial hearings, so negotiating is generally how these things are won.
People err when they let their attorney be their mouthpiece and don't add to it. Depending on the fee structure for your lawyer (contingency or hourly), you may have similarly aligned, but fundamentally different, interests in the outcome of the hearing or mediation.
In any negotiation, you can leverage these varying interests against opposing parties, and at the very least, while negotiating, you can make each of your concessions to the opposing party, painful to them.
Well, we're on a tangent and I apologize. However, a lot of the getting funded process comes down to negotiation. VCs will use all their leverage (mainly, your need for capital) to get you to acquiesce in negotiations, and give them a deal which overwhelmingly favors them in most conditions.
One common trick is to make an offer with a 1 or 3 hour window. They don't want you to shop the offer to other funds. They aklso throw in all kinds of exclusions and conditions to get money back even if it fails, to control apportionment of options, first right of investment, (second round) etc.
Your principal strategy in these events is *balls*, and patience.
We'll talk more.
SG thanks for teh input