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Legal Ethics in Contract Drafting (teleseminar)
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6/17/2016
When: 06/17/2016
1:00 PM to 2:00 PM
Where: United States
Contact: (404) 521-0781


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One-hour CLE programs are just a phone call away
Convenient, affordable, timely and informative
 
An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

 
1 CLE hour, including 1 Ethics hour
 

Negotiating, drafting and reviewing contracts are processes fraught with ethical issues.  Negotiations sometimes require zealous advocacy, taking maximal positions versus the counter-party or, at other times, require delicacy and balance.  Each circumstance raises the issue of honesty – when does boastfulness about certain facts or mere silence cross the line from proper zealous advocacy to improper deception?  Reviewing and drafting complex contracts is a similar ethical minefield.  If you discover that the draft of a contract contains materially incorrect assumptions about the law but which will benefit your client, do you have the duty to disclose or correct the error?  In the same way, if the contract contains faulty assumptions about material facts, must you disclose those faulty assumptions?  And how do these rules apply when drafting a contract?  This program will provide you with a real world guide to the ethics of negotiating, drafting and reviewing contracts.

Ethical issues in drafting and negotiating contacts 
Issues when you know the legal assumptions of the other party are incorrect – must you disclosure? 
Faulty factual assumptions made by a counter-party – must you correct them?
Ethics and rescission – are you ever ethically obligated to rescind or restate a contract?
Ethics in negotiations – what’s the dividing line between zealous representation v. outright deception?  

Speaker:

Thomas E. Spahn
is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

 

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