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The Paradox Of Deception: Lawyers, Negotiation, And An Appeal For Regulation, Emily Csiszar
The Paradox Of Deception: Lawyers, Negotiation, And An Appeal For Regulation, Emily Csiszar
2017 Undergraduate Awards
The use of deception in negotiations has spurred much debate in the legal ethics arena. Ethics are concerned with upholding principles of honesty, fairness and good faith. A lawyer’s use of deceptive negotiation tactics would therefore seem to violate the principles of legal ethics. However, certain deceptive tactics in legal negotiations are viewed as not only acceptable, but even expected as part of the negotiation process. This presents a paradox: how can a lawyer act deceptively but also ethically? This paper explores the degree of deception in negotiations that legal professionals are willing to permit on both an ethical and …