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Negotiation Ethics for Lawyers: How to Recognize and Respond to "Dirty Tricks" and Bad Faith Tactics


Level: Advanced
Runtime: 120 minutes
Recorded Date: August 01, 2024
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$165

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Agenda

  • Analysis of hypothetical scenarios
  • Basic rules: Lawyer negotiators
  • Negotiation Strategy


For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

In the second installment in the popular “Negotiation Ethics for Lawyers” series, Zach McGee explores a fun and extremely useful topic for anyone who negotiates: how should we respond when the other side engages in “dirty tricks” and other bad faith tactics, without violating our own ethical obligations? Using a hypothetical negotiation between lawyers, this course identifies and analyzes the most commonly faced “dirty tricks” in negotiation, and explains how easily you can turn the tables. The discussion will deal with tricks ranging from the easily-spotted “Good Cop, Bad Cop” routine and “Take It or Leave It” positioning, to more subtle bad faith tactics such as introducing phony facts and using time tricks. The course includes an introduction to the key ethics rules that apply when lawyers act as negotiators and to common negotiation techniques and strategies. Rules covered include: ABA Model Rule ABA Model Rule 1.3; ABA Model Rule 2.1; ABA Model Rule 8.4; and ABA Model Rule 4.1.

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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