What Lessons Can Draft Day Teach Us About Successful Negotiations?

What Lessons Can Draft Day Teach Us About Successful Negotiations?

Does 2014’s Draft Day - starring Kevin Costner and Jennifer Garner - have the single greatest negotiation scene of all time? I’ll leave that judgement to history, but I will say that watching Costner’s Sonny Weaver Jr. parlay one first round draft pick into three key new players in the film’s finale is as electrifying as it is improbable, and it contains three useful lessons on negotiation for lawyers and lay people alike.

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When the Movies Get it Right: Hail Caesar! Knows How Boring Being A Lawyer Really Is

When the Movies Get it Right: Hail Caesar! Knows How Boring Being A Lawyer Really Is

How many lawyers went to law school because they were inspired by a TV or movie lawyer? I bet the number is not zero. Most of the time, you ask a lawyer why she went into the profession, she'll probably rattle off a list: earning potential, prestige, intellectual challenge, the opportunity to help others, etc. And all those are probably true. But let's face it, we live in a pop-culture saturated world and most of us would be lying if we denied being inspired, on some level, by what we saw on screen. I myself was unduly influenced by A Few Good Men. Now I probably would have become a lawyer anyway, but I can't deny that movie was the final push I needed to sign up for the LSAT. I even tried to become a JAG at one point because of it and fortunately (or unfortunately) the U.S. Navy saw right through me.

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Hell or High Water Gets That Most Investigations Are Boring

Because I’m a parent to a small child, I don’t get to the movies as much as I’d like. This means I’m usually months behind on the latest hits. Such is the case with Hell or High Water, last year’s critical darling from director David McKenzie and writer Taylor Sheridan. I missed its theatrical run and all the awards hoopla, but thanks to the magic of premium cable, I was able to watch it 100 times in a row when it premiered on Showtime this week. My verdict? It’s my new favorite movie.

And what’s not to love? Chris Pine’s smoldering steeliness? Ben Foster’s mustache? Enigmatic dialogue dripping with portent? Dammit this movie is great! It’s almost like Sheridan’s films (including Sicario and Wind River, which I’M DYING TO SEE) were created in a lab just to appeal to my sensibilities.

Anyway, on my thirtieth or fortieth rewatch, something stuck out that I thought was worth writing about: the movie nails how slow, methodical, and full of dead-ends the investigative process can be.

The narrative thrust of Hell or High Water is that Toby and Tanner Howard - Pine and Foster, respectively - are trying to save their family ranch from foreclosure the only way they know how: by robbing branches of the very bank that's about to foreclose on them. Toby, an unemployed oil worker, and Tanner, an ex-con, are carrying out early morning heists of branches located in quiet, ramshackle towns like Olney and Archer City because they're less likely to get caught. As their lawyer points out midway through the film, it's a big beautiful middle finger to the banks that have helped level the Texas middle class.

Lawyer

You know, they loaned the least they could. Just enough to keep your mama poor on a guaranteed return. Thought they could swipe her land for $25,000. That's just so arrogant, it makes my teeth hurt. To see you boys pay those bastards back with their own money? Well, if that ain't Texan, I don't know what is. 

Meanwhile, Texas Rangers Marcus Hamilton (Jeff Bridges) and Alberto Parker (Gil Birmingham) are hot on the trail. They spend time interviewing witnesses and gathering evidence as all good cops do, but Marcus realizes the brothers are planning at least one more robbery. So in order to catch them in the act, he picks one branch in Coleman, TX he expects them to rob, and plops himself on a bench right in front of it. Alberto, who Marcus has been mercilessly teasing throughout the film, isn’t happy about it.

Alberto

So, this is your plan? We're just gonna sit here and see if this is the branch they rob next?

Marcus

What would you rather do? You wanna drive 80 miles back to Olney and look for more fingerprints that we ain't gonna find? Or you wanna drive 200 miles back to Lubbock and look at mug shots that don't matter because nobody knows what these sons of bitches look like? Or we can just wait here for them to rob this bank, which is the one thing I'm pretty damn sure they are going to do.

Marcus is right. Sometimes there just aren't any leads to follow. No more interviews to be had. The only thing you can do is wait. At no point in the film (until the climax) does it feel like the Rangers are closing in on the Howard boys. In fact, most of the film it feels like they're hopelessly behind the ball.

After the second robbery, Marcus sits at a table in a diner and chats with some good ol' boys who saw Tanner and Toby rob the bank across the street. There doesn't seem to be any urgency in the way Marcus and Alberto conduct themselves. There's even a little joking back and forth between them and the old-timers. That’s what real investigations look like. It's methodical. One step at a time. Gather the evidence, write it down, move onto the next piece. It's halting and can often feel like wheel-spinning.

I've been an investigator, both as an attorney and as a producer. I've worked on numerous criminal and civil investigations and I can tell you that they are rarely as action-packed and exciting as you see in movies and TV. Most of the time, it’s boring grunt work. In my TV days, I worked on law enforcement shows with both active and retired detectives who all told me the majority of investigations were spent in the office reading documents. A private eye I used to work with told me 90% of his job was sitting in a car waiting for someone to come out of a house. I’ve personally worked on investigations so dull I thought I would literally die of boredom.

Years ago I was interning at the DA’s office in Boston and we were investigating a woman suspected of prescription fraud. Most of my efforts were spent cataloging the hundreds of times she got a prescription and which pharmacies she filled them at. This meant putting all that information into a gigantic Excel spreadsheet. It was painstaking work and it took weeks. But that spreadsheet was key to nailing down her pattern and building a case. We’d never have been able to issue an indictment without it. 

But you know what else? Marcus is also wrong. Turns out, he picked the wrong branch to stake out, a fact he only realizes the next morning when the Howard brothers don’t show up to rob the joint. 

Marcus

I think I got this figured. First two banks, they were Texas Midland banks. All right, there are seven branches altogether. The main branch is in Fort Worth. They're not gonna mess with that. All right? They hit the branch in Olney. They hit the one in Archer City. Then there's the one here.

Alberto

Which they did not hit.

Marcus

Alberto, will you please follow me? Just keep your mouth shut and just listen to what I'm gonna say. There's the one here, then there's the one in Childress. There's the one in Jayton.

Alberto

That one's closed.

Marcus

I know that one's closed! I know that one's closed, Alberto. That's my point. Jayton is closed. That just leaves Post. They're not gonna mess with the bank in Childress, that's a fairly decent-sized town... It means that the only branch that fits the bill is in Post.

Lots of times, you make educated guesses that make sense in the moment but end up being wrong just ‘cuz. In the movie, Marcus figured the brothers would hit the Coleman branch, likely because it was a small one-teller stop, and would draw little attention. And indeed, the scene immediately preceding that showed the brothers arguing over that very issue. But in the harsh light of day, Marcus realized he made the wrong call. Which happens. And then he had to speed across the state to Post, TX to make up for it. 

Investigations aren’t sexy or thrilling or dramatic. There are false starts and bad calls and they’re monotonous and take a long time. And sometimes, they require you to just sit around and wait for something to happen. But if you want to catch your man, sometimes that’s what you gotta do. Commit to the boring stuff no one else wants to do.

Marvel's Daredevil Gets Young Attorneys Right

My problem with TV lawyers extends beyond my thin skin. I find those portrayals to be wildly incorrect, bearing little resemblance to what I see in the mirror every day or out in the real world with my colleagues. Lawyers are just people, after all, not robots or monsters. Too often on TV they’re slimy dirtballs or driven idealists. They’re used as the butt of jokes or as obstacles the hero has to overcome. On the rare occasion humanity is allowed to poke through, it’s often to decry the awfulness of the profession or the corruption in the judicial system. What Daredevil gets right is that for many of us, it’s not like that.

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When The Movies Get It Right: Spielberg's Lincoln Understands The Law Better Than Most Movies

Before I started law school, I labored under the same misapprehension that many people do: that the law is a fixed thing with clearly delineated lines between what’s permissible and impermissible. I just assumed that law school would teach me where that line was and what sat on either side of it. My rude awakening occurred very early on in torts class when my professor’s canned response to any hypothetical from the class was “it depends.”

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When The Movies Get It Right: A Great Artist Makes A Bad Business Decision In A Great Film, a.k.a. The Curse Of Llewyn Davis

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[Potential Spoilers Follow for Inside Llewyn Davis. Be warned.]

If you’re a working artist, Ethan and Joel Coen understand you. Inside Llewyn Davis is a movie by artists, about artists, for artists. It is sad and soulful, angry but thoughtful, bleak yet hope shines in around the edges, and is totally, utterly understanding of the trials and tribulations you go through.

Oscar Isaac is stunning as the eponymous, transient hero. Seriously stunning. His Llewyn is a homeless bounder, sleeping on friends’ couches night by night, carrying nothing with him but a guitar and a cat, trying to pick up gigs and cash wherever he can.  Unmoored by the untimely death of his singing partner, he is still creatively vibrant, but unable to parlay that into a meaningful solo career. As the movie takes pains to show, he’s no Bob Dylan.

Several times throughout the film, Isaac's performance brought me nearly to tears because I’ve been him. Obviously not in the particulars of his life, but the way he shows the dogged pursuit, the endless failure, and the devotion to the craft despite it all are so familiar it’s scary. We have all experienced that crushing weight when your last best hope for a paying gig (and maybe your entire future) tells you “I don't see a lot of money here” and sends you packing. Maintaining the integrity of your art is difficult enough, but when you add commerce to the mix, how do you ever reconcile the two? This movie is about that very paradox (lest I make the movie sound like a relentless downer, rest assured; as with other Coen Bros films, this one is ferociously funny).

There’s a scene midway through the film where Llewyn signs away royalties and the right to be credited on what turns out to be a popular and financially successful song because he needs the money N-O-W. He’s got expenses to pay and places to be and he can’t sit around waiting for a royalty check to come, if it ever does. I’ve never done that but I know people who did, and the way the scene is played - Llewyn doesn't even take a moment to consider the potential windfall at his fingertips - rings so true that I couldn’t let it lie, I had to write about it.

It’s been going on as long as artists have tried to profit from their art. In perhaps the best known example of this, two Jewish kids from Ohio sold their little-known comic book character to a publisher in the 1930s for 130 bucks. That hero turned out to be Superman and the publisher, DC Comics, made millions while Jerry Siegel and Joe Shuster died penniless. 75 years after Siegel and Shuster were scammed out of the most iconic creation of the 20th century, their estates are STILL fighting with DC Comics over the rights to the character.

As someone who advises artists in manners of law and business, it’s easy for me to sit here and tell you to take the long view. You never know when something you work on will hit big, so it’s better to plan for the future, right? Of course it is! But who can ever know if that will happen? The odds of that kind of success are frankly against you, and plus, you have rent to pay, so why not take the money now?

That’s what Inside Llewyn Davis gets to its very core. That the life for artists is messy and filled with dire financial obligations (a friend of mine coined the phrase “adulthood is a never-ending series of urgent expenses”). The only person who can control how you get paid is you, and like Llewyn, you’re often making that call while shouldering the weight of the world. If there is a lesson to learn here, it’s that you should try to mentally detach yourself from your obligations in order to make a good decision. That may not be easy or even possible in some situations, but there you go.

You can't know if your work will be successful; the only thing you can control is your decision-making process. So find a way to control it. Llewyn didn’t because he’s a hot head. That kind of passion makes him a great artist, but it’s also why he’s essentially a bum.

[P.S. If you can’t tell, I loved the film. You should see it.]