This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.

Question: I understand the importance of lawyers being truthful in their interactions with clients, courts and even opposing parties. However, it seems like this breaks down in negotiations. For example, when I’m negotiating a settlement of a case and the opponent says at the outset that $1.3 million is all she will offer, I’m 95% certain that she will ultimately go to $1.8 million or higher. Typically, I would start by telling her we wouldn’t take less than $2.5 million, even if I know that $1.8 million would be a fair and acceptable result for the client. If I throw that out at the beginning, I’ll never get that amount. It’s almost like we have to go through a back-and-forth numbers dance before either side will believe they’ve found the bottom line settlement point.

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