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Full-Text Articles in Law
Negotiation Ethics For Real World Interactions, Charles B. Craver
Negotiation Ethics For Real World Interactions, Charles B. Craver
GW Law Faculty Publications & Other Works
Attorneys negotiate constantly. Many persons who teach negotiation courses feel uncomfortable with the deception often associated with bargaining. Negotiators demand more or offer less than they are willing to accept, and over- and under-state the value of different items for strategic purposes. Such "puffing" and "embellishment" are part of most business and legal interactions, and are are accepted by most professionals. On the other hand, misrepresentations of material information is clearly improper. Collaborative and Cooperative lawyers who feel uncomfortable using deceptive tactics to further client interests have agreed to be entirely open and cooperative when they negotiate. At what point …
Should Lawyers Participate In Rigged Systems: The Case Of The Military Commissions, Mary M. Cheh
Should Lawyers Participate In Rigged Systems: The Case Of The Military Commissions, Mary M. Cheh
GW Law Faculty Publications & Other Works
Lawyers often represent clients when the odds are long or a catastrophe likely. The facts might be harmful, the evidence overwhelming, or the law clearly on the side of the opponent. Still, we do the best we can. But what if the system is rigged? What if the system has the trappings of a fair fight, but is, in fact, skewed to one side and, by design, the lawyer cannot fully defend the client? What if the lawyer can only lend legitimacy to a process that at its core is biased, slanted in favor of the other side, or fundamentally …
Sharing Accounting's Burden: Business Lawyers In Enron's Dark Shadows, Lawrence A. Cunningham
Sharing Accounting's Burden: Business Lawyers In Enron's Dark Shadows, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
A familiar pass-the-buck pas de deus in deal meetings occurs when the accountant says, after an impasse, "that's a legal problem" while the lawyer says "that's an accounting problem." The truth is, both are right; the trouble is, as Enron shows, prevailing professional cultures create a crack between law and accounting that resolute fraud artists exploit, not cultures that emphasize the intersection of law and accounting that should foil would-be fraudsters. As policymakers rush to respond to Enron, this perspective on law and accounting should be appreciated, as should Enron's place in soecity's parade of corporate debacles. At Enron's core …
Infecting Attorney-Client Confidentiality: The Ethics Of Hiv Disclosure, Laurie S. Kohn
Infecting Attorney-Client Confidentiality: The Ethics Of Hiv Disclosure, Laurie S. Kohn
GW Law Faculty Publications & Other Works
This Note explores the “Draconian dilemma” an attorney faces when she is confronted by a client who discloses his HIV status and his on-going intimate sexual relations during contacts in furtherance of the legal representation. The Note examines the attorney's potential exposure to civil liability that might result from either disclosure or retention of confidence. It also outline sseveral avenues of legal claims that both third parties and clients might pursue in response to the attorney's actions. Although few plaintiffs have tested the viability of these causes of action, the Article considers whether third parties who are at risk would …