A NEGOTIATING ETHICS STUDY

Abstract

In a study involving the cooperation of provincial law societies, a law foundation, CLE organization, CBA Branch sections, university units, senior advisory counsel, and practitioners, 35 civil lawyers in Regina, Saskatoon and Calgary were interviewed in winter 2005-2006 concerning negotiating ethics. Study results are being compiled, but early themes suggest that the keys to ethical and best practice negotiation lie in overall legal competence and integrity — handling client’s objectives, law and facts, legal and financial risks, procedural and substantive recommendations, client instructions, moving to settlement or trial according to the client’s best interests — with good communication skills, trustworthiness, honesty, and civility.