puffing

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3 02, 2017

Don’t Let the Hardball Get the Best of You!

By | February 3rd, 2017|Negotiation Strategy|0 Comments

The other day, I came upon a blog post from the Program on Negotiation (PON) at Harvard Law School that is worth discussing. It is entitled “10 Hard Bargaining Negotiation Tactics” by Keith Lutz (January 10, 2017). I have seen one or more of these tactics often in mediation and despite my best efforts to [...]

12 08, 2016

Neutrals Beware!

By | August 12th, 2016|Court Cases|0 Comments

In the past, I have posted more than one blog about the very fine line between puffing and misrepresentation in the course of negotiations. The audience I had in mind was both the parties and their counsel. ( See aslo, 2014  blog.) A recent appellate decision indicates that my earlier post applies to neutrals as well. [...]

11 03, 2016

“Puffing” and the California State Bar

By | March 11th, 2016|Negotiating, New Articles, Research|0 Comments

In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer’s Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether an attorney has to be as truthful in a caucused mediation as she is obliged to be during a negotiation [...]

11 04, 2014

“Puffing” and the California State Bar

By | April 11th, 2014|Research|Comments Off on “Puffing” and the California State Bar

In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer's Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether an attorney has to be as truthful in a caucused mediation as she is obliged to be during a negotiation [...]