Every day, Lawyers negotiate within their firms, with their clients, and with external parties on behalf of clients. Each side’s role is to convince the other side that they must provide a better deal than they actually have to in order to reach an agreement.
Lawyers typically puff, bluff, embellish, and intentionally over- or understate the value of particular items for strategic purposes. Some withholding of information is allowed by the ethics rules, but "material" misrepresentations are not. Most proficient negotiators know the difference and are able to hew the line, since not doing so could put their professional reputations at risk and undermine their ability to negotiate with others in the future.
What You Will Learn
This practical and engaging video webcast explores the ethical limits of legal negotiation. How far can you go in your negotiations without crossing the ethical line? What may you ethically “misrepresent”? When are you obligated to disclose information that you possess, but the other side does not? What ethically risky negotiating behaviors must you avoid at all costs?
Rule 4.1 – A lawyer may not lie
• Embellishment v. overt mendacity
• Going beyond settlement goals and client values
Rule 1.3 – A lawyer must act with reasonable diligence
• Affirmative duty to disclose facts and law
Avoiding offensive negotiating tactics
Guarding against other ethically risky behaviors
• Accepting a one-sided agreement
• Phone/e-mail interactions and
• Rejecting an offer the client might wish to accept
Preserving your professional reputation
This premiere broadcast was pre-recorded on August 14, 2012. Questions submitted during the program will be answered by email within two business days after the program. In addition, all registrants receive a set of downloadable course materials and free access to the archived online program later.
Need ethics credit? This seminar qualifies for 1.0 to 1.2 ethics credit hours, depending on state requirements, in MCLE jurisdictions that accredit pre-recorded video webcasts.
Who Should Attend
Attorneys and other legal professionals who need CLE ethics credits would benefit from attending this accredited continuing legal education program from ALI CLE.
Charles B. Craver is the Freda Alverson Professor of Law at the George Washington University Law School where he teaches two different courses on legal negotiating. He also teaches the Peter Bronstein Negotiation Institute each year at the University of Virginia School of Law. Over the past thirty years, Professor Craver has taught negotiation skills to over 85,000 attorneys and business persons throughout the United States, and in Canada, Mexico, Puerto Rico, Austria, England, Germany, Turkey, and China. He is the author of Effective Legal Negotiation and Settlement (LEXIS 7th ed. 2012), Skills and Values in Legal Negotiating (LEXIS 2nd ed. 2012), and The Intelligent Negotiator (Prima/Crown 2002), and coauthor of Legal Negotiating (Thomson/West 2007) and Alternative Dispute Resolution: The Advocate's Perspective (LEXIS 4th ed. 2011).
All times Eastern
12:00 noon Program Begins
1:00 p.m. Adjournment
Total 60-minute hours of instruction: 1.0 ethics; total 50-minute hours, 1.2 ethics; For more information on CLE credits for a particular jurisdiction, click on the “Mandatory CLE Credit” link in the box titled, “Course Details,” at the top left of this web page.