Negotiation is at the heart of legal advocacy, but where is the line between persuasive positioning and unethical conduct? This CLE program explores the ethical boundaries attorneys must navigate during negotiation—whether in litigation, contracts, or settlement discussions. Using hypotheticals, real-world case law, and ABA Model Rules, this session dives into candor and misrepresentation, puffery versus deceit, duties when encountering drafting errors, and communication with represented or unrepresented parties. Designed for litigators, transactional attorneys, and in-house counsel alike, this session equips lawyers with practical strategies to uphold professional responsibility while still zealously advocating for their clients.
Learning Objectives:
1. Identify key ethics rules and opinions applicable to negotiation conduct.
2. Distinguish between permissible negotiation tactics (e.g., puffery) and prohibited misrepresentations.
3. Apply ethical duties related to truthfulness and disclosure during settlement or contract drafting.
4. Evaluate risks of liability, including civil, disciplinary, and malpractice exposure for unethical negotiation behavior.
5. Comply with rules governing communication with represented and unrepresented parties.
Noah Fiedler is a shareholder at Barron & Newburger, P.C., where he serves as a co-leader of the Attorney Risk Management Practice Group and heads the firm’s Wisconsin office. He specializes in assisting lawyers and law firms, providing guidance on best practices to prevent issues and representing clients against claims. Noah boasts extensive experience in defending lawyers in cases involving malpractice, breach of fiduciary duty, defamation, misrepresentation claims, and disciplinary proceedings.