Negotiation Ethics: What You Can Say and Can’t (REPLAY)
At what point does the duty of zealous advocacy run up against an attorney’s duty of honesty? When do puffery and posturing step over the line? If the other side makes a factual error, do you have to correct it? What errors are you not required to correct? These and many other pressing questions attend every negotiation – whether it’s over the terms of a deal or in settlement negotiation in litigation. This program will provide you with a practical guide to attorney ethics in negotiations. The program will review the ethics rules applicable to negotiations, the duties of honesty and the correction of errors, common pitfalls, and practical techniques for avoiding liability.
- Review of ethics rules applicable to negotiations
- When you must correct the other side’s errors
- When puffery and posturing go too far
- Practical pitfalls in negotiations
- Deal negotiations and settlement negotiations
David Hricik is a Professor of Law at the Mercer University School of Law in Macon, Georgia, where his teaching and writing focuses on lawyer ethics, litigation, technology and intellectual property. Professor is chair of the Professionalism & Ethics Committee of the American Intellectual Law Association, former chair of the ABA Committee on Professional Responsibility of the Intellectual Property Section, and served as a member of the Texas Disciplinary Rules of Professional Conduct Committee. He also served as ex officio editor of “Information Security for Lawyers and Law Firms,” published by the ABA in 2006. Professor Hricik received his B.A. from the University of Arizona and his J.D. from Northwestern Law School.
