“ListenEveryHow: How Negotiations Work”

Book Review

Title: “ListenEveryHow: How Negotiations Work”

Author: Ayuli Jemide

Publisher: Narrative Landscapes

Hardcover: ISSN: 978-9785746341

Number of Pages: 150

Name of Reviewer: Demola Akinrele, SAN

Ayuli Jemide’s book titled, ListenEveryHow – How Negotiations Work, is the first home-grown (Nigerian) book written by a Lawyer in the art of business negotiation, that I have read. He writes from the perspective of a solicitor, but the principles expounded apply equally to the Barrister in the art of persuasion in the court room, thus, compelling the attention of the legal Profession. When Ayuli invited me to review his book, naturally I was hesitant. My instinct as an adversarial Barrister naturally subordinates negotiation to contention, and therefore, my bias against a colleague who is the founder and lead partner at Detail Commercial Solicitors, a firm that engages exclusively in non-court room practice, is understandable. After all, like Fela said so succinctly, “Man must Chop!” By the time I concluded reading the book, it resonated soundly with principles that govern the operations of the Barrister, Solicitor, in-house Legal Adviser, or Business Mogul.

About the Book

The author, in a book spanning 150 pages of 15 short chapters, characterised by clear, fluent prose, anchored on principles borne out of -as he puts it- “real stories of my first-hand experiences—learning from people, from situations, and from leading negotiations myself”, contends that the essence of successful negotiation is understanding the art of listening. A negotiation between two opposing parties, is a civil war of the psyche. A duel between the desire of one offering goods or a service, and the price the other is prepared to pay to satisfy that desire. The party who emerges with the better deal, is invariably one who can ListenEveryHow. The content of How Negotiations Work is as simple as it is profound.

Necessary Principles

A solicitor acting on behalf of a client must be cognisant of the following principles according to Jemide:

Firstly, be an expert in the subject of negotiation. He uses the metaphor of an attack dog and a shepherd dog to illustrate his position.

“An attack dog fights when there is danger, and shepherd dogs steer you away from danger. A commercial advisor is a shepherd, trained to ensure that the sheep stay proactive and out of court.”

He emphasises that the skill required for a pragmatic negotiator, is different from that of a courtroom Lawyer.

Secondly, he advocates knowledge of the personalities on the other side of a negotiation through advance inquires and research, given the humanity of negotiation with all its quirks and twists.

Thirdly, mastery of the industry either directly as a Lawyer, or through the procurement of experts. I found instructive the vivid example he afforded of a real estate negotiation where the assignor of a Certificate of Occupancy of 99 years assigned the remaining 90 years on his Certificate of Occupancy having been in possession for 9 years but insisted on his right to renewal of the Certificate of Occupancy with the State Government after the expiry of the 90 years, and was therefore, unwilling to surrender the Certificate of Occupancy. He was able to protect his client, the purchaser by the insertion of a protective clause in the deed of assignment to the effect – “The purchase includes all rights to renewals on expiry of the unexpired residue”. The benefit of expertise in this field was evident.

Fourthly and most importantly, is the psychology of the negotiation room.

• The ability to read body language with clarity: the facial expressions, the audible, the inaudible whispers of the adversary, and the silence that speaks louder than words.

• The deference to good arguments, and exhibiting good manners and fair treatment without compromising your position.

• The ability to concede on issues that are not critical to one’s client, to promote an atmosphere of trust and goodwill that is necessary in difficult negotiations.

He concludes by extolling the virtues of listening hard and talking sparingly; such persons are proficient ponderers, people profilers and they digest dialogue with intentional inquiries. They walk out of the room with the best deals.

The art of successful business negotiation, is not just the preserve of the meeting room. It is as relevant to the art of persuasion in the court room. In a classic example of counsel listening carefully and securing the attention of opposing parties by identifying with their concerns, thus, changing a hostile atmosphere to a receptive and successful one, I recall an appearance of F.O. Akinrele SAN of blessed memory, in a criminal appeal before the Supreme Court in 1984. Chief Akinrele raised a novel point of law before the court, in his Brief of Argument. The panel, led by late Justice Kayode Eso, indicated in his characteristic assertive manner before argument commenced that he did not see the merit in the appeal, nor did other members of the panel. Chief Akinrele was very patient and watchful, and did not utter a word until the panel had fully expressed itself. He then responded that he shared the same view with them as to the absence of merit in the appeal when he first perused the record, but on reflection, he perceived the merit and if they paused to listen to him, they would equally be persuaded. Whereupon an attentive silence descended upon the court, they heard the appeal patiently and subsequently allowed the appeal. Chief Akinrele had clearly imbibed the lessons from the admonition of Jemide that “the strongest of all warriors are these two—Time and Patience”- Leo Tolstoy.

The wisdom of the principles enunciated by the author, is fundamental and applicable to dealings in human endeavour. Shakespeare portrays this in the Merchant of Venice. Shylock is presented a negotiating opportunity by the shrewd advocacy of Portia after her famous “Quality of Mercy” speech to forgive Antonio, but he was so inflexible on account of his obsessive desire to exact his pound of flesh, that he underestimated Portia and did not think through the consequences of his own reality. He lost his wealth and identity, on account of not striving to ListenEveryHow.

In ListenEveryHow – How Negotiations Work, Ayuli Jemide successfully provokes our minds to a course of conduct which we may have dimly apprehended, unconsciously and sporadically practiced by translating it to a practical article of faith that should be mandatory in business meeting rooms, court room exchanges, and in human endeavours.

I recommend this delightful and insightful book.

Demola Akinrele, SAN