Friday, May 24, 2019, 1:00-2:00pm
Negotiating, drafting and reviewing contracts are processes fraught with ethical issues.
Negotiations sometimes require zealous advocacy, taking maximal positions versus the counter-party or, at other times, require delicacy and balance. Reviewing and drafting complex contracts is a similar ethical minefield.
If you discover that the draft of a contract contains materially incorrect assumptions about the law but which will benefit your client, do you have the duty to disclose or correct the error?
In the same way, if the contract contains faulty assumptions about material facts, must you disclose those faulty assumptions? And how do these rules apply when drafting a contract?
This program provides a real world guide to the ethics of negotiating, drafting and reviewing contracts.
- Issues when you know the legal assumptions of the other party are incorrect – must you disclosure?
- Faulty factual assumptions made by a counter-party – must you correct them?
- Ethics and rescission – are you ever ethically obligated to rescind or restate a contract?
- Ethics in negotiations – what’s the dividing line between zealous representation v. outright deception?
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