1. 1. 13 Negotiating Lessons from The Maltese Falcon
2. 2. Who is the Client? Sam Spades client gives him three different names within twenty-four hours of hiring him. For the lawyer faced with an internal dispute among stakeholders of a business entity, knowing who you represent is an ethical issue. 2
3. 3. Client Trust Sams client not only uses false names but lies from the outset. Sam doesnt trust her, but he sticks with her because he falls in love with her. This is not recommended. 3
4. 4. Know the clients business and know what he needs Sam Spade zeroes in on the case when he finally understands that they all are competing for the same thing the Maltese Falcon. Sam doesnt know who has it or even what it is. He plays for time until he learns what he needs to negotiate the case. 4
5. 5. Respect Your negotiating partner needs to respect you personally. After Joel Cairo proves himself weak and inept, Sam ignores him and Cairo is no longer a factor in the negotiation for the black bird. 5
6. 6. Whos the decision maker? Both Cairo and Brigit OShaughnessy become agitated when they learn the Fatman is in town. Thats how Spade concludes that Kasper Gutman is in control of the negotiation. Realizing that Gutman is the decision-maker, Spade will negotiate only with him. 6
7. 7. Location The Fatman impresses Spade with his elegant hotel suite. He realizes Gutman is to be taken seriously. Home field creates a psychological and practical edge, where resources are readily available. 7
8. 8. Rapport Cloying and obsequious Gutman panders to Spade. Spade doesn't buy any of it, but he takes the measure of the man and realizes Gutman is merely a well-dressed con man. Advantage - Spade. 8
9. 9. Temper When Spade understands that Gutman doesn't have the falcon or know where it is, he puts on a show of temper. In the elevator, he smiles at the charade. A calm temper is an essential ally. If you lose it once in a while, make sure its for effect. 9
10. 10. Value Gutman learns that Spade has no idea of the value of the black bird, but makes a capital mistake by giving away this critical information. 10
11. 11. Litigation Some cases have to be tried. When Gutman threatens the equivalent of litigation physical violence - Sam calls his bluff, taking litigation off the table. 11
12. 12. Possession The final negotiation takes place in Spade's apartment where the main characters gather for a late night vigil. Gutman has the guns, but only Spade knows where the Falcon is or how to get it. They have to make the deal on his terms. 12
13. 13. And one more thing... After the financial deal is cut, Spade demands a fall guy for the murders of Thursby and Captain Jacobi. Having possession of the falcon allows him to press this late demand. Make sure all the critical elements are on the table before agreeing to the terms. 13
14. 14. Final lesson - Be sure you know for what you are bargaining. Question assumptions. The Maltese Falcon turns out to be a fake. 14