Candor, Truthfulness, and Conflicts of Interest: Ethics in Negotiations
Neil Posner, chair of the firm’s Policyholders' Insurance Coverage group, has published the article "Candor, Truthfulness, and Conflicts of Interest: Ethics in Negotiations" in The Tort Trial & Insurance Practice Law Journal. The peer-reviewed journal is the scholarly publication of the American Bar Association Tort Trial & Insurance Practice Section.
As Neil states in the introduction to his thorough, deeply researched article: "We lawyers are trained to think of ourselves as 'zealous advocates' while, at the same time, we are instructed to maintain a high standard of ethics. Not only are those concepts fraught with tension but also those concepts — zealous advocacy and high ethical standards — do not necessarily accurately describe our duties. The purpose of this paper, therefore, is to explore what is expected of us, what conduct is permitted and what is forbidden, and whether those norms vary according to the situation at hand."