Negotiating, drafting and reviewing contracts are processes fraught with ethical issues. Negotiations sometimes require zealous advocacy, taking maximal positions versus the counter-party or, at other times, require delicacy and balance. Each circumstance raises the issue of honesty – when does boastfulness about certain facts or mere silence cross the line from proper zealous advocacy to improper deception?
Thursday, December 29, 2016
12:00 PM - 1:00 PM CT
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Nebraska Activity #132119, 1.0 hour Ethics
***Because these seminars are provided through a third party, NSBA dues-paying members are NOT ABLE to use their 2 free ethics credits for these seminars.***
Negotiating, drafting and reviewing contracts are processes fraught with ethical issues. Negotiations sometimes require zealous advocacy, taking maximal positions versus the counter-party or, at other times, require delicacy and balance. Each circumstance raises the issue of honesty – when does boastfulness about certain facts or mere silence cross the line from proper zealous advocacy to improper deception? Reviewing and drafting complex contracts is a similar ethical minefield. If you discover that the draft of a contract contains materially incorrect assumptions about the law but which will benefit your client, do you have the duty to disclose or correct the error? In the same way, if the contract contains faulty assumptions about material facts, must you disclose those faulty assumptions? And how do these rules apply when drafting a contract? This program will provide you with a real world guide to the ethics of negotiating, drafting and reviewing contracts.
- Ethical issues in drafting and negotiating contacts
- Issues when you know the legal assumptions of the other party are incorrect – must you disclosure?
- Faulty factual assumptions made by a counter-party – must you correct them?
- Ethics and rescission – are you ever ethically obligated to rescind or restate a contract?
- Ethics in negotiations – what’s the dividing line between zealous representation v. outright deception?
Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad 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. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.
To Register:Cost $89.00
If you need additional information on your CLE credits please contact:
- Click on above link
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- The day before the Program you will receive the dial in information and program materials
- We will submit the program participation information to the Nebraska State Bar Association within 48 hours of the program completion
Sara Weber, Nebraska State Bar Association
(402) 475-7091 ext # 131; firstname.lastname@example.org