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Civility: Do Lawyers Have a Duty to Negotiate in Good Faith?


Level: Intermediate
Runtime: 65 minutes
Recorded Date: April 27, 2024
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Agenda

  • New Civility CLE Requirement
  • California Attorney Guidelines of Civility and Professionalism (2007)
  • Section 18 of the Guidelines (Negotiation of Written Agreements)
  • Law and the Legal Ethics Rules that Govern Lawyer Negotiators
  • Conclusion

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

In the latest program in this popular series, Zach McGee discusses the California Attorney Guidelines of Civility and Professionalism, which reflect how the California State Bar thinks that lawyers should practice law, in the context of answering the question: Do lawyers have a duty to negotiate in good faith? Using a fun hypothetical negotiation between lawyers, Zach illustrates the differences between the California State Bar’s aspirational guidance that lawyers negotiate in good faith and the black-letter law and legal ethics rules that require only that lawyers refrain from knowingly making false statements of material fact or law or otherwise engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. Rules covered include: ABA Model Rules 4.1 & 8.4; California Bus. and Prof. Code ??? 6068 (d), 6106 & 6128(a); California Attorney Guidelines of Civility and Professionalism (2007).

Provided By

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Panelists

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Zachary S. McGee

Senior Vice President, Business Affairs
Sony Pictures Entertainment

Zach McGee is Senior Vice President, Business Affairs, for Sony Pictures Entertainment in Culver City where he leads worldwide business affairs for Sony’s home entertainment division. Before moving to Sony, Mr. McGee was the Senior Vice President, Head of Business & Legal Affairs at Miramax, a leading independent film and television studio.

Before joining Miramax, Mr. McGee was a Vice President, Legal Affairs, with NBC Universal, Inc. Prior to moving in-house, Mr. McGee was an associate with Davis Polk. He clerked for the Honorable Michael B. Mukasey, Chief Judge, United States District Court for the Southern District of New York.

Mr. McGee is a magna cum laude graduate of Harvard College and Harvard Law School, and he received his Masters of Business Administration from the UCLA Anderson School of Management.

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