Table of Contents
INTRODUCTION
RULES OF PROFESSIONAL CONDUCT
RULE 1.02: SCOPE AND OBJECTIVES OF REPRESENTATION
RULE 4.01: TRUTHFULNESS IN STATEMENTS TO OTHERS
COMMENT : FALSE STATEMENTS OF FACT
COMMENT: FAILURE TO DISCLOSE A MATERIAL FACT
RULE 8.04: MISCONDUCT
THE TEXAS LAWYER'S CREED: A MANDATE FOR PROFESSIONALISM
RESOURCES
Abstract
What is, and is not, fair in negotiations and mediation? Does actually being in a mediation session change those rules? What if one party is not represented by counsel? What if all parties are represented by counsel? What if you have more than one client in a mediation?
Can you ask the mediator to do something that you would not do directly in negotiation? If so, why?
Is the message sent or the message received during negotiations what counts? Can you rely on your opponent's misunderstanding?
The purpose of this presentation is to raise issues and questions to open a discussion about what you think on some of the above issues and what the rules and requirements are for attorneys in negotiation and mediation.
Finally, let us consider whether there are ethical considerations that surpass the rules?
As in many ethical situations, some of the answers are not readily apparent - there are many shades of gray.
Also presented are some suggestions for keeping within ethical boundaries in tricky situations, and information on the risks you may run when you cross the line.
Finally, I have provided some resource materials for your use and guidance in looking for the right answer - if there is just one.
|
