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?
Friday, January 27, 2017
12:00 PM - 1:00 PM CT
Nebraska Activity #133867, 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 are a similar ethical minefield. If you discover that the draft of a contract contains materially incorrect assumptions about the law but 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 provides you with a real-world guide to the ethics of negotiating, drafting, and reviewing contracts.
• Ethical issues in drafting and negotiating contracts
• Issues when you know the legal assumptions of the other party are incorrect—must you disclose?
• 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 and 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. He has lectured extensively on legal ethics and professionalism and is the author of 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 the Virginia State Bar Legal Ethics Committee.
To Register:Cost $89.00
If you need additional information on your CLE credits please contact:
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Sara Weber, Nebraska State Bar Association
(402) 475-7091 ext # 131; firstname.lastname@example.org