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Friday, December 20, 2019, 1:00-2:00pm

Lawyers must be truthful. Yet they must be zealous in the representation of their clients.

The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client. The negotiation may be a settlement of litigation or in connection with a transaction.

The lawyer may make statements about the law or fact – or simply refrain from making statements because the lawyer knows certain facts or legal precedent are adverse to his or her client’s interest.

Lawyers may also "puff" or boast, signaling that a negotiating stance is firmer than a client’s true positon or more substantively valid than the law can reasonably support.

At some point, the gray ethical line is tripped and what the lawyer does becomes improper.

This provides a real world guide to ethical issues in lawyer negotiations.

  • Ethics and ethical drawing lines – what’s an acceptable level of deception in negotiations?
  • Affirmative statements of fact, value or intent in settlements
  • Silence about adverse law in negotiations
  • Silence about facts unknown to an opponent or counter-party
  • Silence about errors in settlement agreements or transactional documents
  • Non-litigation work in another state – "temporary" practice

Click on the "In Depth" tab for tuition and speaker information.

Product Information
Date Presented:
December 20, 2019 1:00 PM Eastern
1 hour
Registration Fee:
Ethics in Negotiations: Boasts, Shading and Impropriety | Live Replay from June 14, 2019 | Phone/Audio Streaming

All Attendees: $80

Early discount and CLE Premier Pass rates are not available for this program. 

FACULTY.  Coming Soon. 
Speaker Information
Elizabeth Treubert Simon   [ view bio ]
Thomas E Spahn  [ view bio ]
Individual topic purchase: Selected
NC State Bar
Ethics/Professional Responsibility: 1.00
CLE Premier Pass