Negotiation Ethics for Lawyers: Is “Paltering” Ethical?
In the latest installment in the popular “Negotiation Ethics for Lawyers” series, Zach McGee examines the use of “paltering” in negotiations – the active use of truthful statements to create a false impression – to explore whether such behavior by lawyers is ethical. Paltering is a way of deceiving the other side that differs both from lying by commission – where you misstate facts – and lying by omission – where you fail to provide information. In this program, you’ll not only learn to spot when the other side in a negotiation is paltering but also to understand why paltering works so well and why people have such different views on whether it is ethical. Using a hypothetical negotiation between lawyers, Zach will review the ethics rules that apply to lawyers in negotiations and discuss whether paltering in this context is permitted by the rules. You’ll also learn some negotiation techniques that you can use when your opponent is paltering to protect yourself and your client from being deceived. Rules covered include: ABA Model Rules 4.1 & 8.4; Cal. Business & Professions Code Sec. 6068.