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Open Access. Powered by Scholars. Published by Universities.®

Legal Profession

John Wade

2014

Ethics

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Ethically Ambiguous Negotiation Tactics (Eants): What Are The Rules Behind The Rules?, John Wade May 2014

Ethically Ambiguous Negotiation Tactics (Eants): What Are The Rules Behind The Rules?, John Wade

John Wade

This paper will briefly discuss the following: • A catalogue of the EANTs in use in negotiation and litigation. • How common are these behaviours amongst lawyers? • What are the attempted controls (or not) of these EANTs in different cultures?---market isolation, law, and “ethics”? • Focussing on attempted ethical controls, what are the five (often overlapping) historic schools of “ethics”? • Which school of “ethics” do various written codes of law societies predominantly reflect? –answer: pragmatism and self interest. • If the epidemic of EANTs needs to be reduced, should pragmatism and self interest be taught and modelled more …