Ethics/Professional Responsibility
May 24, 2016
Avoid ethical missteps in negotiation dance
Although clients expect their lawyers to get the best possible deal, there are ethical constraints designed to restrict lawyers from gaining an unfair advantage in negotiations.
David M. Majchrzak
Partner
Rosing Pott & Strohbehn
Litigation, Legal Ethics
501 W Broadway A380
San Diego , CA 92101-3584
Email: dmajchrak@rosinglaw.com
Thomas Jefferson School of Law
David practices in the areas of legal ethics and litigation of professional liability claims.
Heather L. Rosing
Founding Partner
Rosing Pott & Strohbehn
Legal Malpractice (Specialist), Business Law
501 W Broadway, A380
San Diego , CA 92101
Phone: (619) 990-5566
Email: hrosing@rosinglaw.com
Northwestern Univ School of Law
Heather serves as the chairperson of the Legal Ethics and Law Firm Risk Management Practice Group, as well as the Lawyers and Accountants Practice Group. She is an appointed advisor to the State Bar of California's Rules Revision Commission.
In social settings, a dance is a cooperative sequence of movements. Although many lawyers may refer to negotiations as a dance, it is often much different. At least some, if not all, of the participants have opposing interests and make their moves accordingly.
Nonetheless, describing a negotiation - when it is approached in an ethical manner - as a dance is appropriate. Not unlike a tango, the parties engage in a back-and-forth, give-and-take process. And the attorneys serve their...For only $95 a month (the price of 2 article purchases)
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