Best Practices in Negotiation - When Free is a Four-Letter Word


A bankruptcy lawyer offers a 30 minute, free initial consultation for consumers.

I learned about her because another attorney and I were discussing marketing tactics, and he mentioned the bankruptcy practitioner, whose office is in the same building. "She has a line of clients out the door," he noted, with admiration.

Naturally, I attributed part of that apparent success to the economy. Millions are in financial distress, so helping folks battle insolvency by fending off swarms of swooping creditors, can be big business.

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Yet, you also have to ask, to what extent is the free, initial consultation an attraction? Would an imposed charge at the first meeting thin the standing room-only crowds?

I believe the freebie is necessary because it serves both parties, especially the attorney:

She can quickly determine whether the prospective client qualifies. Maybe a recent filing precludes a current one. She can ask a few questions to learn what Chapter the person qualifies for: 7 or 13. She can determine if there is an impending garnishment of wages, a tax lien, or an auto repossession that requires a swift filing at the earliest possible moment. She can learn if the client can afford to retain legal counsel. She can sense if the client will be too much of a headache or too demanding, and this should be avoided. All of these things, and more need to be learned and assessed. So, the "free" meeting really serves the information provider. In this sense, it is neither "free," nor is it gratuitous. It is essential. I have no problem with this type of business enticement. Inevitably, the lawyer will dispense a modicum of helpful advice, gratis. Practically speaking, it is unavoidable.

I don't see this as a loss, but part of a larger "win + win" scenario for the parties. Consider it an investment in the relationship.

Where I do find FREE inappropriate, offensive, and as profane as a four-letter word, is where the information being sought is:

(a) Valuable and usually dispensed carefully and thoughtfully in the ordinary course of a professional's practice. Taking the same scenario, the client that gets 30 minutes has no right to insist the lawyer prepare the filing, involving considerable time and expertise, for free as well.

(b) Other people typically pay for this information. Lots of lawyers will offer a free initial consultation. It's somewhat standard. But if someone comes to me to critique a sales or service script, then he has to pay. I know of no consultant that does this for free. It isn't standard.

(c) The freebie seeker can afford to pay the going rate, yet wants to get something for nothing.

(d) The information provider is deceived into believing that "Free will become fee." Ad agencies, graphic designers, writers, and lots of creatives are victimized. They're asked to submit proposals on spec, addressing the very task the client wants to accomplish. Ad agencies will be asked to pitch their concept for theme development for a new shopping mall. In principle, if their proposed campaign is attractive, their bid will be chosen. In reality, the client is simply brain-picking, with no intention to retain an agency, thinking it will combine or disguise the contributions and use them for FREE.

(e) Free is requested or demanded without a corresponding duty on the part of the freebie-seeker. For example, if you go to the cosmetics counter at a department store, you may be treated to a goodie bag, "Free with your purchase." That's fair, but free without purchase or ANY obligation to reciprocate, is patently unfair.

More to the point, it is unsustainable, economically. The lawyer, consultant, writer, artist or worker of any kind that gives away her talents cannot invest the same hours and days in paying work.

Free-precludes-fee, instead of leading to it.

To be asked to do your work for nothing is unrealistic and insulting.

Don't be conned into doing it.


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