Negotiation Ethics for Lawyers: How to Recognize and Respond to "Dirty Tricks" and Bad Faith Tactics

In the second installment in the popular “Negotiation Ethics for Lawyers” series, Zach McGee explores a fun and extremely useful topic for anyone who negotiates: how should we respond when the other side engages in “dirty tricks” and other bad faith tactics, without violating our own ethical obligations? Using a hypothetical negotiation between lawyers, this course identifies and analyzes the most commonly faced “dirty tricks” in negotiation, and explains how easily you can turn the tables. The discussion will deal with tricks ranging from the easily-spotted “Good Cop, Bad Cop” routine and “Take It or Leave It” positioning, to more subtle bad faith tactics such as introducing phony facts and using time tricks. The course includes an introduction to the key ethics rules that apply when lawyers act as negotiators and to common negotiation techniques and strategies.