Everything is Negotiable

My Dad taught me an important lesson when I was a kid. We had just cut open a watermelon from a local Albertsons and the inside was pale white. Not even pink. The melon was inedible (though my dad still took a bite just in case).

"No way," he said shaking his head, "we're taking this back."

I stared at the two chunks of melon, "but Dad, we already opened it. How are we going to return it? Doesn't it need to be in one piece?"

He looked at me before declaring, "Julian, everything in life is negotiable."

We went back to the store, my Dad spoke with the clerk and explained the situation, showing them the pale-white flesh of the melon. The clerk agreed that the melon was inedible and promptly offered us a new watermelon free of charge. We walked out of Alberton's triumphantly, confident that we'd achieved a just result.

Learning to Ask is About Getting over the Fear of Rejection

Since that day I've implemented my dad's philosophy to countless things in my personal life. Comcast raises our monthly Internet bill? I'm calling to ask for a discount. My iPhone is glitching and it's out of warranty? Let me talk to the manager. An airline is refusing to refund my ticket if I cancel? I'm spending an hour with customer service and - at the minimum - getting some meal vouchers.

It was uncomfortable at first. It felt confrontational to ask for something that wasn't being offered, especially because other people didn't seem to do it.

What motivated me to push back when I thought I could have gotten a better deal was another Dad-ism: "remember, Julian, the worst they can say is no, and you'll be right back where you started."

The worst they can say is no. I'll be back where I started.

In other words, I had nothing to lose. The only thing holding me back was the fear of rejection. Meanwhile, the upside was huge. In personal matters it could be hundreds of dollars in discounts or a new phone. In career it was even more impactful.

When I interned at The White House's Council of Economic Advisers I was chosen as the intern who reported directly to the Chairman of the Council because I reached out to his executive assistant on my first day thanking her for her work and expressing interest in working together further.

In Biglaw I was one of the first junior associates who had a remote working plan approved (this was pre-pandemic) because I made the case that I could handle the work and maintain relationships by coming into the office a few times a month. I put myself out there knowing full well I could have been shot down but each time things worked out in my favor.

Now, as a lawyer for content creators, I ask for things all the time.

Everything is Negotiable, Especially in Contract Law

As a transactional lawyer my goal is to fight for the best deal for my clients. This means analyzing a contract with a fine-tooth comb and pushing back on terms that affect my client's rights, even if the other party responds with, "that term is market." Sure, it might be market, but it's not market for my client, so let's strike a deal.

Using this mindset I've been slowly but surely moving the needle on what constitutes "market terms" in the world of content creator contracts. For example - requiring brands to pay my clients within 30 days rather than 60 or 90, or negotiating to allow my client to terminate the contract at any time. Sometimes it's more contentious, like when a creator wants to leave their management agency but the agency demands the creator pay a "penalty fee" to do so. On consult calls with creators in these situations you can catch me saying the same thing to them as they vocalize how they don't want to pay the fee: "don't worry about what they're demanding now. Everything is negotiable."

This mindset is much broader than a legal practice. I encourage my creator clients (and nonclients) to push for better business terms for themselves, be it the number of dollars or payment terms or licensing rights. The worst the brand can say is no, and often they actually say yes.

There's a fear amongst creators that a brand will walk away if the creators ask for changes to brand deal contracts. I've yet to see this happen. As is often the case with the fear of rejection, it's more imaginary than real.

Start Small

Like anything else, negotiating for yourself or others is a practiced skill. It's natural to feel anxious or nervous if you're about to ask your manager for a promotion, or the airline clerk to give you the manager, or even your partner if they can watch the kids for the night so you can play some videogames. But it's necessary work in a world that rewards the proactive and punishes the sedentary. Those who ask for more, get more. In the context of career, they may also get further ahead.

So start small. If you're struggling with boundaries at work ask your manager for a night off and see what the response is. Settle for a one-time $20 discount from Comcast even if you want more. If you can't get a promotion, perhaps a small raise is on the table?

Whatever you seek, remember that everything is negotiable. And when the nagging voice tells you to stand down and take things as they are, tell yourself: the worst they can say is no.

And you'll be right back where you started.

*This is an excerpt from my course on Protecting Your Rights in Brand Deals, which dives into the legal rights every content creator should know about.