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Negotiation Ethics for Lawyers: Tricks and Bad Faith Tactics

Master ethical responses to sophisticated negotiation tricks and bad-faith tactics, ensuring integrity and effectiveness in legal negotiations.

Created byNew Media Legal Publishing, Inc.
IntermediateUpdated Mar 31, 2025
Negotiation Ethics for Lawyers: Tricks and Bad Faith Tactics

What You'll Learn

check_circleRecognize and ethically respond to advanced negotiation tactics and misrepresentation.
check_circleApply ABA Model Rules and ethical guidelines to complex negotiation scenarios.
check_circleLeverage objective criteria to counteract bad-faith tactics and maintain fairness.
check_circleManage conflicts of interest and maintain transparency in client communications.

About This Course

In the next installment of this popular series, Zach McGee takes it to the ‘next level’ with an analysis of the negotiation tricks and bad faith tactics that sophisticated parties often use to gain an advantage in negotiations.

Through a hypothetical negotiation between lawyers, the speakers will describe and analyze some of these ‘next level’ negotiation tricks and bad faith tactics, including: Lying about company policy; Lying about other deals; Anchoring; Co-opting the other side’s negotiator; and Nibbling. 

Along the way, this program will teach you powerful negotiation techniques and strategies to ethically respond when the other side employs these negotiation tricks and bad faith tactics against you.

The program will include a review of the key ethics rules that apply when lawyers act as negotiators and useful negotiation techniques and strategies. Rules covered include: ABA Model Rules 1.1, 4.1, and 8.4; ABA Formal Ethics Opinion No. 06-439.

Your Instructors

New Media Legal Publishing, Inc.
New Media Legal Publishing, Inc.

Legal Technology & Education

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New Media Legal Publishing, Inc. is a legal publishing company based in Los Angeles, California, that develops, produces, markets, and distributes innovative legal education content for law firms and companies. For more information about NMLP and its products, please visit  http://www.newmedialegal.com .

Zachary S. McGee
Zachary S. McGee

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.

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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