as circumstances change

Suits. This legal drama centers on contract negotiations, mergers, and business deals. Characters are in constant communication, often renegotiating or exiting agreements as circumstances change. The show highlights how American business culture values strategic flexibility and clear, actionable terms over deep contextual or relational commitments.

Optimal e-mail frequency

Under the title Optimum Follow-up Frequency for New Leads Samuel Smith, a consultant and blogger on business and online marketing, posted the following advice:

„A good e-mail marketing effort doesn’t inundate your customers with hard sales pitches. Following up quickly is the first step. Schedule your first follow-up email to go out two hours after your customer submits his or her information.

From here, you may want to gradually slow your e-mail frequency and aim for about three content emails for one purely promotional email. Depending on your budget, you could aim, at the high end, for sending four emails a week, but with a smaller budget, you can send an email every two or three days and have similar success.

Once a potential customer has been receiving email from you for a couple of months, it’s okay to drop off the number of emails to once a week. The optimum e-mail frequency reminds customers several times over that your product has value to them.“

They’ll remember your product.

Why we find it hard to say no

To learn to say no, we have to first understand what’s resisting us about it. Below are common reasons why people find it hard to say no:

You want to help. You don’t want to turn the person away and you want to help where possible, even if it may eat into your time.

Afraid of being rude. I was brought up under the notion that saying “No”, especially to people who are more senior, is rude.

Wanting to be agreeable. You don’t want to alienate yourself from the group because you’re not in agreement.

Fear of conflict. You are afraid the person might be angry if you reject him/her.

Fear of lost opportunities. Perhaps you are worried saying no means closing doors. didn’t want to say no as she felt it would affect her promotion opportunities in the future.

Not burning bridges. Some people take “no” as a sign of rejection. It might lead to bridges being burned and relationships severed.

From Celestine Chua of The Personal Excellence Blog.

Persistent e-mail follow-up

The following dialogue was posted on ask(dot)metafilter(dot)com in March 2011. It gives insight into how Americans view follow-up.

Question: “What is the best way to word my persistent e-mail follow-ups with non-responsive colleagues?”

I work for an agency that employs about 180 people and the agency’s role is to regulate a technical sector. My role is to respond to the general public’s enquiries. I have to get exact legal/technical wording from other staff. I find staff will sometimes not reply to my enquiries for days and weeks. I’m near the bottom of the pile at the organization and so I have no authority to order anyone to help me.

I send my enquiries to staff over e-mail and need to continue to do so. I am not looking for suggestions about stopping into people’s offices in person or talking over the phone. The nature of the work doesn’t really allow for this option.

How frequently should I follow-up with people for their responses? How should I word my 2nd, 3rd and 4th e-mail follow-ups? What has worked for you when your work depends on the actions of a higher-up colleague, but you don’t want to be a pest?”

Responses:

“If you can’t make phone calls or drop by the office, can you IM them? If you can’t IM, what I’ve found starts getting attention is cc’ing various people if the initial person doesn’t respond.”

“I’d send a follow up daily. Perhaps at different times of the day. Maybe people get swamped first thing in the morning and might respond better in the afternoon.”

“Every follow up after the first, cc additional people that might be able to respond or get things moving (whether it’s a supervisor or not). This will almost always get SOMEONE involved. But don’t cc a bunch of people from the beginning because often people will think someone else will take care of it if it’s sent to a ton of people.”

“Phone calling just really gets people’s attention. It will be more embarrassing for the person and demonstrate your seriousness and persistence in the way one email in a giant inbox with hundreds of emails on a non-urgent (to them) matter never can.”

“I have a colleague who isn’t shy about bolding key lines in a severe email, like ‘This is my third request. This response is needed by Friday at the latest.’ You can try this, but even so, it’s easier to ignore than a voice or face communicating directly with you.”

Conditional Yes

Commitments are, by definition, conditional due to factors beyond the control of the parties to an agreement. Next-level management may change their priorities. The customer could modify their requirements. Available resources – people, time, budgets – are often redeployed on short notice.

Caveat: is a warning or proviso of specific stipulations, conditions or limitations. In law, a caveat is a notice that certain actions may not be taken without informing the person who gave the notice. “Caveat” originates in the mid 16th century and is derived from Latin, literally from “let a person beware.”

Contingency: Event (as an emergency that may, but is not certain to occur); trying to provide for every contingency; something liable to happen as an adjunct to or result of something else. From Latin contingent-, contingens: to have contact with, befall, from com- + tangere to touch; first Known Use: 14th century.

Litigation

Given their litigation-heavy culture, it may seem ironic that Americans are so quick to say yes to an agreement. After all, saying yes and then not following through should make it easier for the one party to file a lawsuit.

However, the reality is the opposite. By having a culturally soft yes Americans make it more difficult for others to successfully sue them. In the U.S. it takes far more than a simple yes to indicate an oral agreement, which offers Americans protection from legal claims.

Gianni vs. Russell Supreme Court of Pennsylvania 1924 – Gianni, who owned a small store, claimed that his landlord told him that he could have the exclusive right to sell drinks in the building.

The landlord then rented another space in the building to a company that sold drinks, and Gianni attempted to sue. However, because Gianni had entered into a written lease, and there was no mention of this right in the lease, the oral contract was said to be nonexistent.

Power Entertainment Inc. v. National Football League Properties, Inc., United States Court of Appeals, 5th Circuit, 1998 – the plaintiff and defendant orally agreed that Power Entertainment would take over a licensing agreement between the NFL Properties and another company in exchange for Power Entertainment assuming the $800,000 debt between the two original companies. However, after the debt was paid, NFL Properties did not transfer the license, and the oral contract was found to be invalid.

Additionally, oral agreements in the US are sometimes called handshake deals. Although an actual handshake isn’t necessary to make the agreement binding, this still shows that it takes more than a ‘yes’ to enter into an agreement.

understand-culture
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