5th Annual Current Topics in Ethics & Professionalism
1 Hour Professionalism
Negotiation may be the most significant and most used skill a lawyer has, and yet the Rules of Professional Conduct are essentially silent on the topic. Join a panel of experienced mediators and practitioners who will discuss ethical negotiation obligations and strategies in both the litigation and corporate contexts.
- Practising with civility during negotiations (10 mins of panel discussing rise of/lack of civility and how things have changed over the course of their careers)
- Refraining from sharp practice (10 mins of explaining the consequences to one’s career profile/reputation if they negotiate sharply and how that can hinder future negotiations with the same counsel or others who hear about it)
- Encouraging respect for legal institutions/authorities (10 mins of framing how unethical negotiations can erode respect for the administration of justice not just by our clients, but by lawyers too)
- Treating opposing counsel parties and others with courtesy and respect (10 mins of the importance of respect and courtesy, and how these can actually improve negotiated outcomes for the client)
- Managing difficult clients: despite a client wanting to employ harsh or disrespectful methods during negotiations, it is the lawyer’s professional obligation to inform the client that this is unacceptable and that there are other, civil ways, of getting the same message across (10 mins, including bad examples)
- Best practices for analyzing ethical dilemmas (10 mins of examples of positive experiences and strategies to deal with the above)
