Chipping Away at Lawyer Veracity: The ABA's Turn toward Situation Ethics in Negotiations

Authors

Ruth Fleet Thurman

Abstract

This Article questions the wisdom of the Model Rule's exceptions to honest dealings in negotiations on several grounds: (1) Proponents of the exceptions have not offered empirical evidence or professional justification for this approach; 16 (2) The approach will further tarnish the profession's image; (3) The approach will create a slippery slope that leads to unintended ethical violations; and (4) The approach will erode the high degree of trust, veracity and integrity required of lawyers as "officer[s] of the legal system."1 7 For these reasons, the Model Rule's exceptions to honesty in negotiations should be abolished by the ABA and by those states that have already adopted them,18 and proposals in other states to amend ethics codes or to adopt new rules to create the exceptions in negotiations should be defeated.

Recommended Citation

Ruth Fleet Thurman, Chipping Away at Lawyer Veracity: The ABA's Turn toward Situation Ethics in Negotiations, 1990 J. Disp. Resol. (1990)
Available at: https://scholarship.law.missouri.edu/jdr/vol1990/iss1/5