Negotiation Ethics for Lawyers: Dealing with "Next Level" Negotiation Tricks and Bad Faith Tactics
In the next installment in this popular series, Zach McGee takes it to the “next level” with an analysis of the sorts of negotiation tricks and bad faith tactics that sophisticated parties often use to try to obtain an advantage in negotiations. Using a hypothetical negotiation between lawyers, the speakers will describe and analyze some of these “next level” negotiation tricks and bad faith tactics, including: Lying about company policy; Lying about other deals; Anchoring; Co-opting the other side’s negotiator; and Nibbling. Along the way, this program will teach you some powerful negotiation techniques and strategies that you can use to ethically respond when the other side is using these sorts of negotiation tricks and bad faith tactics against you. The program will include a review of the key ethics rules that apply when lawyers act as negotiators as well as some useful negotiation techniques and strategies. Rules covered include: ABA Model Rules 1.1, 4.1 & 8.4; ABA Formal Ethics Opinion No. 06-439