Take a look at our April newsletter!
A Jiujitsu Approach to Negotiation POSITION BEFORE SUBMISSION
Negotiation is a lot like Brazilian jiujitsu — it’s all about applying the proper leverage. On the mat, you don’t win with sheer brute force; you win by using your opponent’s momentum against them, finding the right angle to apply pressure, and recognizing when to push or pull. The same principles apply to the art of negotiation. As an attorney, whether I'm dealing with insurance companies, opposing counsel, or anyone standing between my client and a fair settlement, my job isn’t to overpower; it’s to outmaneuver. Like Brazilian jiujitsu, negotiation is not just for lawyers; anyone can learn it. This is a skill you can use in your life, whether you’re discussing a raise at work, settling on a price for a car, or even convincing your kids bedtime is really non-negotiable.
When you’re in the middle of a deal or negotiation, you want to try to get as much leverage as possible, and there are a couple of ways to do this. You can exert pressure with a direct threat, or you can make it difficult for them by reducing their alternative options. The ultimate goal is getting the other person to agree to your deal, which doesn’t mean getting angry or aggressive. If you can reveal the true situation, you may be able to tip the scales in your favor, and that’s the mark of a skilled negotiator. Another key factor is standing your ground, which is where the concept of BATNA — Best Alternative To a Negotiated Agreement — comes into play. Your BATNA is your repertoire of options, and if you have a good one, you don’t need to take any bad deals. When you have solid alternatives, you can negotiate calmly, avoid over-offering, and stick to what you really want. This applies in business, real estate, and even real-life situations. Understanding the other parties’ needs, such as whether they’re under time pressure or have few options, can also give you an edge. What can you uncover about them? What can you research about the deal that could create another layer of pressure? Going back to jiujitsu, if you grab someone by their elbow versus their wrist or hand, you can exert more leverage against them. Even if they are physically stronger than you, the right spot allows you to get the upper hand. In court, I try to apply the pressure in a neutral, strategic manner rather than a “gotcha” tactic. I state the facts, and as more is revealed, the other party’s position weakens and mine improves. The conversation shifts. Instead of working off their initial terms, we adjust the deal based on the reality at hand. I never make negotiations personal, but some people use unpredictability as a tool, making it hard to anticipate their next move and some
Wrongful Death Serious Injury Trucking Accidents Auto/Motorcycle Accidents Drunk Driving Accidents Pedestrian Accidents Giving your pain a voice.
Boating Accidents Injury on Property Negligent Security Slip-and-Falls Premises Liability
APRIL 2025
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KNOW THE FACTS ABOUT ARTIFICIAL SWEETENERS Are Sugar Substitutes Worth the Tradeoff?
The U.S. market for soda is worth over $200 billion, fueled by the average American’s annual consumption of nearly 40 gallons of soft drinks — including diet soda. While staying hydrated is good, sending lots of chemical sweeteners into our digestive tracts may not be. Concern for serious health issues started in the early 1970s when scientists linked cyclamate and saccharine, popular synthetic sweeteners, to cancer. Congress banned cyclamate but wouldn’t ban saccharine. More recent studies determined that obesity is related to many types of cancer, and obese people are more likely to consume lots of diet soda. Similarly, high blood pressure, diabetes, and strokes are more likely due to underlying health issues like excessive weight than consuming artificial sweeteners. In the last decade, more natural sugar alternatives have become available, like stevia, agave, monk fruit, and allulose. Diet soda manufacturers have yet to incorporate these into their soft drinks, but they are experimenting. The Coca-Cola Company uses stevia along with erythritol (another new sugar substitute) in its Vitamin Water Zero.
Artificial sweeteners do provide some benefits, including fewer cavities, lower blood sugar, and less weight gain. However, some people still suffer side effects from drinking diet soda. The sugar alcohols in diet sodas are linked to intestinal distress, and one scientist points to a potential link between laboratory-created sweeteners and inflammatory bowel disease (IBD). The importance of our stomach’s microbiome is new to science, and all impacts are under intense scrutiny.
Sugar-free beverages may be a better choice than sugar-infused drinks because they don’t cause insulin spikes, but the Mayo Clinic warns that frequent consumption of any type of
sweetened drink can become habit- forming, making it hard to return to drinking plain water, which is the optimal choice for health. As with most food trends, we should be informed, listen to our bodies, and make wise choices about what we drink and eat.
YOUR COMEBACK PLAN SETTING SMART GOALS FOR A SUCCESSFUL RECOVERY
Recovering from an injury isn’t just about healing — it’s about setting goals, taking small steps, and celebrating the little victories along the way. Whether you’re regaining mobility, managing pain, or rebuilding your strength, breaking your recovery goals into achievable milestones can help keep you motivated and in control throughout the process. By tracking your progress, checking in with yourself, and remaining consistent, you can see how far you’ve come and stay focused on what’s ahead. This month, we’re sharing a Daily Recovery Log on page 3 so you can record your physical, emotional, and mental progress every day. Let’s dive into what it takes to set recovery goals that keep you moving forward. Set SMART Goals As you develop physical, functional, and mental goals for your recovery, be SMART
about it, creating Specific, Measurable, Achievable, Relevant, and Time-bound goals. Avoid vague milestones that don’t give you direction, like “improve balance.” Giving yourself a clear objective, like “stretch 10 minutes a day,” gives you a framework. Decide how you will keep track of your progress and give yourself a timeline to stay accountable with flexible deadlines that keep you motivated. Be realistic about what you expect, working with your doctor, physical therapist, or mental health professional to determine what’s safe and attainable for your recovery journey. Listen to Your Body Pushing too hard can lead to setbacks, so it’s essential to balance effort with rest. Listen to your body as you build your strength back up. If you start to experience a lot of pain or
fatigue, adjust your plan, and if something feels off, contact your doctor. Healing takes time, so be patient with yourself and prepared to make changes. Celebrate the Wins As you work toward your goals in small steps, celebrate your achievements on the journey. Whether it’s standing longer, improving your flexibility, or being able to return to an activity you enjoy, acknowledging the small victories will keep you motivated. Every little bit of progress gets you that much closer to what you want. Healing takes time, but with the right mindset and a solid plan, you can reach all your recovery goals. Focus on breaking down the big milestones into manageable actions, and remember that you’re stronger than you think.
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Your Road to Recovery A Daily Log to Track Your Pain and Progress Recovering from an injury takes time, patience, and careful monitoring of your progress. This daily recovery log is designed to help you track your mental and physical symptoms as you heal and stay on task with your goals. By documenting your pain levels, progress, victories, and the ongoing impacts of your injury, you give yourself a powerful tool for success and create a useful piece of evidence in your personal injury claim. Before filling it in for the first time, make photocopies of the blank form to use every day. If you have been injured in an accident, contact Barry Trial Practice & Resolution today for a free consultation.
Emotional Well-Being Mood: 1 2 3 4 5 6 7 8 9 10 Emotional Highlights (What felt good today?):
Symptom and Pain Tracking Pain Level (circle): 1 2 3 4 5 6 7 8 9 10 Type of Pain (throbbing, stinging, dull, etc.):
Emotional Challenges (Did you experience any frustration or stress today? Journal about it.):
Location of Pain: Medications Taken: Other Symptoms (dizziness, fatigue, brain fog, etc.):
Impact on Daily Activities (What was difficult to accomplish today?):
Stress Management Techniques (breathing exercises, journaling, etc.):
Physical Recovery Mobility Level: 1 2 3 4 5 6 7 8 9 10 Exercise or Activity Completed:
Reflect and Adjust Today’s Victory (What was one win you achieved today?):
Physical Milestones (walked a mile, able to lift an object, etc.):
What Can You Improve Tomorrow?:
Time Spent:
APRIL GIVE AWAY
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resort to personal attacks. If you only care about the game and getting the best deal, you don’t care about the relationship. Studies have found that cooperative negotiations get better client results over time than adversarial ones. In litigation, you keep seeing the same people in the sandbox. If you approach every negotiation as a zero-sum battle, you might win in the short term, but it will complicate future negotiations. A more objective style, where you aim to win without insisting the other party loses everything, yields better long-term results. Negotiation, like jiujitsu, is about patience, control, and setting yourself up for success before you make a move. If you rush into a submission without the right positioning, your opponent can escape, and you can lose your advantage. If you push too soon without the right leverage, you risk losing the deal or giving away more than is necessary. Whether in the courtroom, boardroom, or everyday life, the key isn’t brute force; it’s strategy — position before submission.
With Mother’s Day coming up next month, get yo mama something nice. Send an email to CBarry@barrytpr.com with “Newsletter Gift: Flowers” in the subject line. We’ll do a drawing for a bouquet from Le Jardin. Note: Le Jardin does not deliver statewide. If you are outside the Atlanta area, you will have to pick up your bouquet from their Atlanta store.
Charlie Barry
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INSIDE
1 Leverage Is Everything 2 How Much Do You Know About Diet Soda? Progress, Not Perfection 3 A Simple Tool to Help You Reach Your Goals April Giveaway! 4 When Your Diary Becomes Evidence
Many of us have fond memories of writing in diaries or journals throughout our youth. We would share our thoughts and feelings in a book we would keep hidden from friends, family members, and others. It was our sanctuary where we could be ourselves without worrying about judgment or embarrassment. You may even remember the feeling of rage or hopelessness when you spotted your brother or sister holding your diary. Thankfully, there usually wasn’t anything too incriminating in our teenage diaries, and some of us have continued the practice well into adulthood. However, a recent news story proves we should be cautious about the information we share in our private journals. Last year, a Minnesota woman was arrested for auto theft. While investigating the incident and looking into Vanessa Guerra, a suspect in the case, a law enforcement officer allegedly found her diary. He flipped through the pages, looking for any information that would catch his eye, when he stumbled upon an entry from Aug. 12, the same day a 2004 Ford Freestar van was stolen and resold at an auto salvage business.
“Totally stole a car today! Something I never thought of doing,” Guerra allegedly wrote in her diary. “Super-freaking out about it.”
Guerra was charged with receiving stolen property and theft, although she claims she didn’t know the vehicle was stolen. However, workers at the auto salvage business informed law enforcement they recognized Guerra as the seller of the stolen vehicle. Most people will probably not blab to others about crimes they have committed, especially if they are currently unsolved. This case reminds us to be just as cautious about what we write in private journals. While your diary may be your safe place to share your innermost thoughts and feelings, your entries could come back to haunt you if you’re involved in a criminal case, especially if you blatantly admit to the crime.
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