Ethics Forum: Questions and Answers on Professional Responsibility

Be careful to follow the rules when negotiating for your client.

In representing a client, how far can I puff or embellish the facts to try to resolve a case with a good result?

Puffing or embellishing is sometimes a time-honored settlement negotiation tactic, but there are limits to what one can do as an attorney. There are two Rules of Professional Conduct that may be impacted. The first is Rule 4.1 of the Rules of Professional Conduct, titled “Truthfulness in Statements to Others.” That rule notes that in the course of representing a client, a lawyer shall not knowingly make a false statement of material fact or law to a third person. Under that same rule, a lawyer cannot fail to disclose a material fact to a third person when disclosure is necessary to avoid aiding and abetting criminal or fraudulent conduct.