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Friday, January 23, 2009

Negotiation Continued

I kid you not, someone in the class discussion said, "Why not just lie? I mean, seriously." This started the professor talking about the interesting subject of lying in negotiation--I should probably read his recent article on the subject. He said it is often a really effective thing to do, and that there is a fine line that you probably shouldn't cross. The official comments in the ABA ethics guidelines make it plain that lawyers will be lying to some extent in negotiations. The nice word for it is puffery.

This reminds me of a class in my first year of law school. The professor was trying to demonstrate the difference between lying and puffery. She gave a scenario and asked the class if it was lying or puffery. I answered that it was lying, but most of the class disagreed with me. Then the professor thought about it and said, "Actually...it is lying. Nathan, can you tell us why?" I said, "Well, it's not true, and you said it."

Lawyers don't always think in such simple terms.

6 comments:

Sheri said...

They call you "Nathan" in law school?

Nate said...

I too was surprised at how informal law school is.

I'm Stitching as fast as I can said...

Ok, remember when you first started law school, and I said to you, "You are so honest, are you sure you want to be a Lawyer?"
You assured me that the world needs honest lawyers.
It is so tough being a client, the lawyer I had for workers comp really really wanted me to change my story a little bit and say that I had slipped on something. Well I didn't and I just could not change my story. Him & I could have ended up with alot more money. I guess he wantd me to use 'puffery'
Yes, there is a fine line. I am so thankful I didn't step over that line.
Love you, Auntie

Larsen's in Wyoming said...

Nate,
Just keep true to who you are, and you'll always be able to sleep at night. You're a great guy!

Meridy said...

Ah, Nate, I like you a lot. :)

Christy said...

That is too funny. I'm going to ask Zach about puffery tonight.