Lawyers must be truthful and yet they must be zealous in the representation of their clients. The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client. The lawyer may make statements about the law or fact—or simply refrain from making statements because the lawyer knows certain facts or legal precedent are adverse to his or her client’s interest.
Wednesday, May 24, 2017
12:00 PM - 1:00 PM CT
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Nebraska Activity #139380, 1.0 hours Ethics (Distance Learning)
***Because these seminars are provided through a third party, NSBA dues-paying members are NOT ABLE to use their "2 free ethics credits" member benefit for these seminars.***
Lawyers must be truthful and yet they must be zealous in the representation of their clients. The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client. The lawyer may make statements about the law or fact—or simply refrain from making statements because the lawyer knows certain facts or legal precedent are adverse to his or her client’s interest. Lawyers may also “puff” or boast, signaling that a negotiating stance is firmer than a client’s true positon or more substantively valid than the law can reasonably support. When the ethical line is tripped, what the lawyer does becomes improper. This program provides you with a real-world guide to ethical issues in lawyer negotiations.
- Drawing ethical lines—what’s an acceptable level of deception in negotiations?
- Affirmative statements of fact, value, or intent in settlements
- Silence about adverse law in negotiations
- Silence about facts unknown to an opponent or counterparty
- Silence about errors in settlement agreements or transactional documents
- Nonlitigation work in another state—“temporary” practice
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. Mr. Spahn 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 as a member of the Virginia State Bar Legal Ethics Committee.
To Register:Cost $89.00
- Click on above link
- Click “Login to add to cart” button at the bottom of the program page
- This will take you to the log in page, FIRST time users will need to create a user name and password that is separate and distinct from any information you may have used for the Nebraska State Bar website
- Please be sure to use the attorney name and contact information of the person who is to receive the CLE credit
- Once completed click “Update & Proceed to Payment”
- The final step is to click “Submit Payment”
- At this point you will receive an email confirmation of the purchase
- 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
If you need additional information on your CLE credits please contact:
Sara Weber, Nebraska State Bar Association
(402) 475-7091 ext # 131; firstname.lastname@example.org