But this analysis of the file is only the beginning of the work of the lawyer because once the strategy and the financial objectives set, we will have to get them, if possible in a minimum of time.
The situations are then very different according to the quality and the competence of our interlocutor. Some negotiations take place very quickly, mainly by telephone and the case can find a solution in just a few weeks, others last for months, some finally finding no amicable outcome.
As a general rule and as I recalled, a few days ago, a customer on the telephone, the other party is all the more inclined to negotiate that the requests formulated as bases for the negotiation are realistic and that the negotiators are competent in labor law and aware of the stakes in case of failure.
When the employer is also responsible for negotiating a lawyer, we know very quickly how far we are going, and this is often an amicable outcome, in almost three cases out of four in my case (evaluation drawn of my experience on the thirty files of this type that I have managed since the beginning of the year).
Indeed, contrary to a widespread idea, we do not like to conflictualize all our files.
The employee is therefore unlikely to indicate to his employer that he prefers to use the services of a lawyer to negotiate his departure. If the employer takes umbrage, it is likely that he was considering abusing his employee.
Our role is also very important during the bargaining period in that we serve as a “buffer” between the employer and the employee who, in many cases, become impatient and sometimes run the risk of frustrating the discussions. Our availability and responsiveness are crucial.
Then, when the amount has received the approval of all parties to draft the document finalizing their agreement: either the conventional form of rupture, or more often the transaction. Concerning the latter and as I already indicated in the article on the subject, its drafting must be very thoughtful, any error possibly resulting in the requalification of sums paid to the employee by the tax services or the URSSAF, with the consequences disastrous that we imagine.
In addition, a transaction that is poorly drafted or has occurred too soon may be canceled by the party that has an interest in it before the Labor Court. The intervention of the lawyers makes it possible to avoid this kind of hypothesis, source of legal insecurity.
All that to tell you that, contrary to a widely held belief, our work as a negotiator is not, as I read on a forum, to: “only three to five hours of work and writing. a piece of paper”.
As I recalled in this article in conclusion, the client must balance the cost of the lawyer with the “greater value” of his intervention both on the chances of the negotiation succeeding than on the amount of money finally negotiated.