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About the Teleseminar
In most conversations among lawyers, there are subtle shadings of words, an emphasis placed on certain facts or a diminution of others, sometimes a concealment of intent or purpose. There is nothing necessarily wrong about any of this. Lawyers are required to zealously advocate for their clients’ interests, including in settlement and transactional negotiations. But that zeal sometimes creates tension with an attorney’s coordinate obligation to be honest. Promote your client’s interest, yes. Actively deceive, no. Between these principles are acres of gray space. This program will provide you with a real-world guide to ethically acceptable limits of puffery or misdirection in negotiations and where they tend to shade into unethical deception, including the role of silence versus affirmative statements, and negotiating in states where you are not licensed.
- Ethics principles applicable to attorney negotiations in settlements and transactions
- Acceptable levels of puffery and misdirection in negotiations versus outright deception
- Role of silence about the law, facts, errors or value versus affirmative statements
- Negotiating in jurisdictions where you are not licensed
- Statements about another state’s laws
- Negotiations with represented parties in a business setting
About the Speakers
Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property. He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities. Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee. Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.
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.
Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE Credit Hour, including up to 1.0 LEPR Credit Hour