Learn to recognize unethical negotiation tactics and how to effectively respond while maintaining ethical compliance.
In the second installment in the popular, "Negotiation Ethics for Lawyers" series, Zach McGee explores a fun and extremely useful topic for anyone who negotiates: how should we respond when the other side engages in “dirty tricks” and other bad faith tactics, without violating our own ethical obligations?
Using a hypothetical negotiation between lawyers, this course identifies and analyzes the most commonly faced “dirty tricks” in negotiation, and explains how easily you can turn the tables. The discussion will deal with tricks ranging from the easily-spotted “Good Cop, Bad Cop” routine, and “Take It or Leave It” positioning, to more subtle bad faith tactics such as introducing phony facts, and using time tricks.
The course includes an introduction to the key ethics rules that apply when lawyers act as negotiators and to common negotiation techniques and strategies. Rules covered include: ABA Model Rule 1.3; ABA Model Rule 2.1; ABA Model Rule 8.4; and ABA Model Rule 4.1.
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.
