Is social media useful in negotiations?

 

I often try to persuade lawyers and business professionals that social media is useful. I downplay the fact that social media is mostly used for random daily life observations; I emphasize that it’s a great research tool for investigative purposes.

Turns out, the trivial discussions can be helpful in negotiations. And this is a scientifically proven principle.

First, let’s review Twitter. Watch this excellent explanation of Twitter in Plain English by Lee Lefever of CommonCraft. He emphasizes the part that I’ve long downplayed—namely, that Twitter is a way to learn more about the people you know.

In the 2 minute video we are told that Carla didn’t know, until she started using Twitter, that her friend Steve in Seattle was a baseball fan. She didn’t know that Julia in London was reading a new investment book. And, until she started posting to Twitter, most of her friends didn’t know she had developed a passion for the music of Van Halen.

So what in the hell does this have to do with negotiation? The specifics of what Carla, Steve and Julia like has nothing to do with negotiation. But what if Carla and Steve didn’t know each other? And what if they were able to uncover a little about each other via social media tools like LinkedIn or Twitter?

How might that influence their email negotiation if they had to hammer out a deal? According to the principles of persuasion identified by Robert Cialdini, it might lower the chances of a deadlock from 30% to 6%. Cialdini is the Regents’ Professor Emeritus of Psychology and Marketing at Arizona State University. He is also the author of the book Influence: The Psychology of Persuasion, a best-selling book that scientifically identified core principles of persuasion.

I recently had the chance to listen to him on a podcast with Dan Pink (author of To Sell is Human). In the podcast he cited a study that showed the importance of making small talk before engaging in a negotiation. Westerns tend to think this is unnecessary and inefficient (I would have been one of them). In fact, small talk not only helps build rapport, but also helps the participants identify similarities and common interests.

The study showed that email negotiations resulted in only 6% deadlocked situations when small talk and trivial information exchange happened first. That’s down from 30% without the trivial preliminaries.

The study didn’t involve social media. But obviously social media helps you understand (via seemingly unimportant trivia) what other people are interested in. And, if Cialdini is right (and he’s got data to back up his claims, so odds are he is) then it’s easy to see how social media can help fuel the kind of preliminary discussion that, in turn, leads to successful negotiations.

My upcoming Louisiana CLE seminars (Baton Rouge & New Orleans)

I'll be doing three live, all-day CLE programs in late December: one in Baton Rouge and two in New Orleans. Each program is 6 hours of CLE credit, with 1 hour of Ethics and 1 hour of Professionalism. If you want to sign up use the promo code ERNIEATTORNEY to save 10% off the price of the program.

Here's a brief summary of the programs.

Digital Lawyering & Tech Tips (Baton Rouge) - Click to Sign-Up

When: Friday (Dec 21st) - 6 hours total CLE (1 hr Ethics; 1 hr Professionalism; 4 hrs LPM)

Executive summary: All lawyers will learn how to use technology to work more productively while out of the office, and to more efficiently handle email in and out of the office. Litigators will learn how to gather information (including social media information), and to better organize that information. All lawyers will learn to avoid ethical problems and how to present a more professional online appearance to potential clients and others. We'll also cover the latest law-related tech tools, and tell you which ones are truly useful and reliable, and easiest to use.

Digital Lawyering & Tech Tips (New Orleans) - Click to Sign-Up

When: Thus (Dec 27st) - 6 hours total CLE (1 hr Ethics; 1 hr Professionalism; 4 hrs LPM)

Executive summary: All lawyers will learn how to use technology to work more productively while out of the office, and how to more efficiently handle email in and out of the office. Litigators will learn how to gather information (including social media information), and to better organize that information. All lawyers will learn to avoid ethical problems and how to present a more professional online appearance to potential clients and others. We'll also cover the latest law-related tech tools, and tell you which ones are truly useful and reliable, and easiest to use.

Paperless Lawyering & Tech Tips (New Orleans) - Click to Sign-Up

When Friday (Dec 28st) - 6 hours total CLE (1 hr Ethics; 1 hr Professionalism; 4 hrs LPM)

Executive summary: All lawyers will learn how to lessen the reliance on paper, and to set up systems that allow them to work with documents more efficiently while out of the office. We'll explain how to create complex documents more easily, ways that allow those documents to be reused later as forms. Litigators will learn to be more effective in advocacy by using tools that help them create compelling visual presentations. We'll finish with a rapid-review of interesting tech tools, focusing on the ones that actually help you get more done in less time, with less stress. 

Interviewed by WVUE Fox8 News regarding social media legislation

I was interviewed by Evan Anderson for a TV segment on New Orleans’ Fox8 News regarding the recently enacted Louisiana law (Act 375), which prohibits online impersonation. The Act makes it illegal to:

  • sign up for an email account, if
  • you don’t have permission of the person in whose name the account is being created

The maximum fine is $1,000, and the maximum jail sentence is six months. It’s not a crime with harsh penalties, but it would seem to be pretty easy to prove.

Social Media in Lawsuits: Antigone Peyton & I discuss on a legal podcast

From tweets to Facebook updates, social media is rapidly dominating how people communicate with others around the globe. And it’s becoming a significant force in lawsuits, leaving a vapor trail of critical evidence that pleases some lawyers and confounds others. Attorneys Craig Williams and Bob Ambrogi interviewed Antigone Peyton and me about the growing role that social media is playing in litigation. The podcast is 30 minutes long, and at the end Antigone and I announced our new project. What’s it about? Well, give a listen (hint: it has to do with social media and lawsuits).