Negotiation Ethics for Lawyers: Hollywood Edition - Part Two

• The Best Defense, is a Good Offense
• Argument vs. Negotiation
• Moral Flexibility
• Feigning Alignment of Interest/Playing on Emotions
• Ethics Rules - ABA model rule 8.4(g)
• Public Shaming
        - Additional rules discussed include: ABA Model Rules 1.3 and 4.1, Cal. Business & Professions Code Sec. 6068

Runtime: 2 hours
Recorded: December 2, 2023

For NY - Difficulty Level: For both newly admitted & experienced attorneys

In the latest installment in the popular "Negotiation Ethics for Lawyers" series, Zach McGee switches gears to show how negotiations are portrayed in some popular films.

In Part Two, our subject is the remarkable film “Thank You for Smoking” starring Aaron Eckhart as slick lobbyist, Nick Naylor, who represents the tobacco industry. In this film, Nick masterfully twists words, reframes others' positions, questions their intentions and engages in other sharp tactics to defend his clients and attack their enemies. Nick is the sort of adversary that you hope never to face in a negotiation, but at some point in your career, you're likely to find yourself sitting across the table from a Nick Naylor-type.

In this program, Zach illustrates why Nick’s negotiation tactics are so effective, discusses whether they violate the legal ethics rules, and suggests how you might respond if these sorts of tactics are used on you in a negotiation. Rules covered include: ABA Model Rules 1.3, 4.1 & 8.4; Cal. Business & Professions Code Sec. 6068.

This program was recorded on December 2, 2023.

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