Negotiation and Truth-Telling

“Are we negotiating or are we telling the truth?”

That’s a quote from a defense lawyer friend of mine made while we were trying to resolve a medical malpractice case. I have used it many times over the years.

The American Bar Association has issued a Formal Ethics Opinion recognizing that there must be a little room for positioning while negotiating. The opinion gives specific examples of when you can puff and when you cannot.

Read the opinion here.

Thanks to the Illinois Legal Malpractice Blog for informing me about this opinion.