Give it a try: Difference between revisions

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===The trade-off between “give it a try” and “will anyone object?”===
===The trade-off between “give it a try” and “will anyone object?”===
Because asking for a legal term that a counterparty then objects to has an ''actual'' cost.  
Because asking for a legal term that a counterparty then objects to has an ''actual'' cost.  
*“'''Will anyone object?'''” has an ascertainable, certain, upfront cost: the time and devotion of negotiation and, via the [[circle of escalation]], [[risk management]] resources to clear the client objection. You incur this expense even if the point is immediately dropped - clearly the longer you argue about it, the more expensive the cost.
*“'''Will anyone object?'''” has an ascertainable, certain, upfront cost: the time and devotion of negotiation and, via the [[circle of escalation]], [[risk management]] resources to resolve the client objection. You can clear it by:
:*persuading the client to accept the term; or
:*persuading your [[risk management]] team to live without it; or
:*walking away from the negotiation all together.
:In any case you incur ''some'' time and resource expense wherever the client objects, even if it immediately drops the point. The longer it takes to persuade one side or the other to back down, the more expensive the cost.
*The cost may be ''[[de minimis]]'' on a given negotiation. But with multiple objections per negotiation, across a portfolio, in a year, de minimis costs add up. That cost is the total cost to the organization of the onboarding process.
*“'''[[Give it a try]]'''” has a delayed, remote and contingent benefit:
*“'''[[Give it a try]]'''” has a delayed, remote and contingent benefit:
:*'''Delayed''', because the right, if you manage to get it, will only ever have any value at some point in the future (that is, when you get to exercise the right);  
:*'''Delayed''', because the right, if you manage to get it, will only ever have any value at some point in the future (that is, when you get to exercise the right);