The Ethics of Negotiation
Why Attend?
How far can you ethically go when negotiating on behalf of a client?
Some believe a lawyer must stretch, bend, or even ignore the truth to zealously represent a client in negotiations. But the rules of professional conduct seem to require truth and candor at all times, even when a lawyer is trying to negotiate the best possible outcome for a client.
This engaging one-hour seminar explores the ethical dilemmas lawyers face in negotiation and examines the line between ethical and unethical conduct when negotiating in litigation, business deals, or other settings. Topics include:
Bluffing, puffing, and blowing down the house – and whether under ABA Formal Opinion 06-439 the presence of a judge or mediator changes what is permitted
Communicating with clients about settlement offers
Negotiating when lawyers represent multiple clients, including aggregate settlements and ABA Formal Opinion 06-438
Hiding dangerous situations through confidential settlements
Threatening prosecution and reporting misconduct
And more!
This interactive seminar gives you the chance to submit your questions to the faculty in advance and/or during the program. All registrants receive a set of downloadable course materials and free access to the archived online program later.
Need ethics credit? This program qualifies for 1.0 to 1.2 ethics credit hours, depending on state requirements, in MCLE jurisdictions that accredit live telephone seminars and/or webcasts.
Faculty
Michael P. Downey is a partner at Hinshaw and Culbertson LLP in St. Louis, where he advises lawyers, accountants, and their firms on legal and professional ethics compliance, risk management, and professional liability matters. He also serves as a hearing officer for the Missouri lawyer discipline system, and has served on or chaired numerous bar committees including the ABA's Ethics & Technology Committee (Chair), the ABA Law Practice Management Section's Education Board (Co-chair), the Missouri Bar's Ethics 2005 Committee, the Missouri Bar's Special Committee on Lawyer Advertising, the Illinois State Bar Association's Standing Committee on Professional Conduct, and DRI's Lawyers' Professionalism and Ethics Committee. In addition to his practice, Mr. Downey teaches legal ethics and law firm management as an adjunct professor at Washington University School of Law and is a regular speaker and author on the subject of professional ethics.
Ted Russell is senior vice president of litigation for Fox Entertainment Group in Los Angeles, handling all manner of legal problems faced by Fox's film, television, cable, sports and internet properties. He has substantial experience litigating in state and federal courts. Mr. Russell has lectured to attorneys on a variety of related topics, ranging from electronic discovery to crisis management. But his true academic interest arises in the context of negotiations, and specifically the legal, ethical, and practical limitations imposed on parties who are participating in negotiations. He is also a Lecturer in Law at USC Gould School of Law, where he teaches a course in Negotiation Ethics. Before joining Fox in 1998, Mr. Russell was a business and employment litigator at Gibson, Dunn & Crutcher LLP.
Register as a group and save! This course is also available as a group webcast. For more information or to register as a group, click on the "Group Rates" link at the top of this page.
Total 60-minute hours of instruction: 1.0 ethics hour; total 50-minute hours: 1.2 ethics hours
Times
Eastern 1:00 - 2:00 pm
Central 12:00 - 1:00 p.m.
Mountain 11:00 a.m. - 12:00 p.m.
Pacific 10:00 - 11:00 a.m.
Alaska 9:00 - 10:00 a.m.
Hawaii 8:00 - 9:00 a.m.
