Ethical Boundaries of Paltering in Legal Negotiations.
In the latest installment in the popular “Negotiation Ethics for Lawyers” series, Zach McGee examines the use of “paltering” in negotiations – the active use of truthful statements to create a false impression – to explore whether such behavior by lawyers is ethical. Paltering is a way of deceiving the other side that differs both from lying by commission – where you misstate facts – and lying by omission – where you fail to provide information. In this program, you’ll not only learn to spot when the other side in a negotiation is paltering but also to understand why paltering works so well and why people have such different views on whether it is ethical. Using a hypothetical negotiation between lawyers, Zach will review the ethics rules that apply to lawyers in negotiations and discuss whether paltering in this context is permitted by the rules. You’ll also learn some negotiation techniques that you can use when your opponent is paltering to protect yourself and your client from being deceived. Rules covered include: ABA Model Rules 4.1 & 8.4; Cal. Business & Professions Code Sec. 6068.
Legal Technology & Education
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Senior Vice President, Business Affairs, Sony Pictures Entertainment
Zach McGee is a Senior Vice President of Business Affairs for Sony Pictures Entertainment in Los Angeles, where he negotiates distribution deals for feature films and television series. Before joining Sony Pictures, Zach held senior legal positions in-house at NBCUniversal and Miramax. Zach began his career as a law clerk for the Honorable Michael B. Mukasey, Chief Judge of the United States District Court for the Southern District of New York. He also worked as an associate at Davis Polk in New York, New York, and Menlo Park, California. He graduated magna cum laude from Harvard College and Harvard Law School, and he earned his Master's in Business Administration from the UCLA Anderson School of Management. Zach is also a successful entrepreneur and the founder of educational content companies within the legal field.
