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Ethics in Negotiations—OSB CLE Quick Call (Replay)
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1 Ethics credit

Every attorney negotiates on a regular basis—whether with a counterpart in a transaction or with an adverse party in settlement negotiations in litigation. Unlike nonattorneys, however, an attorney’s freedom to speak is limited. There are real limits on how far attorneys can go in puffing their case or their client’s position in negotiations. But the line is often blurry. There are also issues related to an attorney’s basic competence in negotiations and whether an attorney can negotiate at all in jurisdictions in which he or she is not admitted to practice. This program covers these and many other ethical issues in transactional and litigation negotiations.

  • Drawing the line between puffery and boast on the one hand and misrepresentation on the other
  • Negotiating in a jurisdiction where you are not admitted to practice
  • When you must correct someone else’s mistakes
  • Communications with adverse parties
  • Competency in negotiations

Speakers: Thomas E. Spahn is a partner in the McLean, Virginia, office of McGuireWoods LLP, where he has a broad and complex commercial, business, and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections. For more than 20 years, he has lectured extensively on legal ethics and professionalism and has written The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide, a 750-page treatise published by the Virginia Law Foundation. Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar’s Legal Ethics Committee.

David Rabinowitz is a partner in the New York City office of Moses & Singer LLP, where he is co-head of the firm’s litigation, employment, and labor practices. He has more than 30 years of experience as a litigator in commercial, copyright, trademark, employment, trust and estate, and real estate matters. He has spoken and written widely on ethical issues for attorneys across a wide range of practice areas. He has also served as an adjunct professor of law at Seton Hall Law School, teaching copyright law. He formerly served as a trustee of the Copyright Society of the USA.

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(Original program date: May 26, 2010)