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Attorney Ethics in Transactional & Litigation Negotiations (Teleseminar)
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Attorney Ethics in Transactional & Litigation Negotiations (Teleseminar)

1 CLE hour, including 1 Ethics hour

When: 05/21/2015
1:00 PM to 2:00 PM
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.

Attorney Ethics in Transactional & Litigation Negotiations  - 1 CLE hour, including 1 Ethics hour

Virtually every communication a lawyer makes – in person, in writing, or over the phone or through email – is a negotiation, a statement about the facts of a case or transaction or a statement about the law, with the intent of gaining an advantage for his or her client.  Often the instinct is to go right up to the line in these communications, never stating a falsehood or even actively misleading an adversary, but casting the lawyer’s case in the most favorable light possible. Though there are some bright lines involved in the application of ethics rules to negotiations, most of the lines are fine and sometimes difficult to discern in active conversations. This program will provide you with a practical guide to how ethics rules apply in transactional and litigation negotiations, crucial distinctions between affirmative statements and mere silence about the facts of a case and the law, and when attorneys have an affirmative obligation to correct errors by adversaries.  

Practical ethics for negotiations in litigation and in transactional practice 
Statements of fact versus mere silence about facts, including about intent and value 
Statements about the law and whether you are required to correct adversaries’ mistakes
Silence about errors in settlement agreements
Negotiating in other jurisdictions, including in ADR and in transactional negotiations 
Negotiations with represented parties 


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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