Pre-Meeting CLE Course:
Ethical Boundaries in Effective Negotiations
Sunday, May 15  |  3:00 - 5:00 p.m.

Why You Should Attend
In the course of negotiations, how far can you push the ethical boundaries to get what you – or your client – want? Join us for an engaging two-hour panel as experienced practitioners, negotiators, and ethics experts consider a variety of ethical dilemmas that arise while negotiating a transaction, during litigation, and in law practice – in interactions with other practitioners, clients, and tribunals. You’ll come away more sensitized to the art of the ethical deal, and what you can (and cannot) say and do in negotiations while adhering to your obligations under the Rules of Professional Conduct.

What You Will Learn
Different hypothetical scenarios will be posed to the panel and the audience for reaction and an interactive and enlightening discussion. The applicable ethics rules and opinions will be reviewed, including confidentiality duties and the more traditional prohibition on deception, as well as potential implications and solutions to these real world dilemmas.

Anticipated topics include:

  • Settlement authority
  • Multiple defendants
  • Direct/ex parte communications with parties, including  unrepresented adversaries
  • Puffing vs. lying
  • Omissions of material facts
  • Negotiations between employers and lateral hires
  • Negotiating with clients when seeking conflicts consent
  • Communicating with a tribunal – what happens when the tribunal is not aware of:
    • one party’s future plans (such as an impending bankruptcy filing)  
    • adversaries’ mistakes that have not been corrected
    • the court’s own mistakes

Planning Chair and Moderator
Francis E. McGovern, Duke University School of Law

Kim J. Askew, K&L Gates LLP
Teresa Wilton Harmon, Sidley Austin LLP
Randolph D. Moss, U.S. District Court for the District of Columbia
Thomas E. Spahn, McGuireWoods LLP
Steven O. Weise, Proskauer Rose LLP

Total 60-minute hours of instruction: 2.0 ethics; total 50-minute hours, 2.4 ethics.

Tuition for this program is $150 for ALI members and ALI project Advisers, $195 for all others. To register, use the ALI Annual Meeting registration form (online or in print). Registrations will be accepted at the door if space permits.

If your plans to attend this program change, please contact us by 5:00 p.m. (EDT) on Wednesday, May 11, via fax to (215) 243-1636, or email