If you have difficulties with logging in or with sound quality, please call the online provider's client service support at 1-877-880-1335.
This course was presented live on February 15, 2023. Reminder: Attorneys reporting credits to the Maine Board of Overseers of the Bar can no longer earn ethics credits or harassment/discriminatory conduct (H/D) credits through self-study even if these topics are listed or addressed in the program title, program materials and information presented during the program. See Maine Bar Rule 5 for details. Questions? Please call the Maine Board of Overseers of the Bar at 207-623-1121.
Schedule and Topics:
ETHICS SCENARIO #1: The Stalking Horse- Morally right or wrong?
- Ethical under the rules – or law of fraud?
- Effective as a strategy?
Discuss Golden Rule of Negotiation– Design an Offer Concession Strategy
- Recognize concession patterns
- Psychological tendency
ETHICS SCENARIO #2: “The Planted Oil”- Morally right or wrong?
- Ethical under the rules – or law of fraud?
- Effective as a strategy?
Discuss Golden Rule of Negotiation – Information Is Power – So Get It!- Set appropriate goals
- Get critical information
- How to avoid answering questions
Discuss Golden Rule of Negotiation – Maximize Your Leverage- Determine level of needs (Both Sides)
- Best Alternative To a Negotiated Agreement (BATNA)
ETHICS SCENARIO #3: The “False” Promise- Morally right or wrong?
- Ethical under the rules – or law of fraud?
- Effective as a strategy?
Discuss Golden Rule of Negotiation – Employ “Fair” Objective Criteria- Using objective criteria with “tough negotiators”
- Offer and concession strategies, including 1st offer issues
Discuss Golden Rule – Control the Agenda- Techniques to set the agenda
LATZ’S 8 GOLDEN RULES OF ETHICS- Honorable intentions make a difference
- Silence is usually golden
- Bluffing about your bottom line and your interests usually is legally
- acceptable
- “Puffery” couched as opinions and statements about the future most often does not cross the legal line
- The more sophisticated your counterpart, the better your position
- No harm, no foul
- Don’t risk your short or long-term reputation
- Don’t compromise your morality
Moderator: Marty Latz, Esq.
Panelists: Travis M. Brennan, Esq., Berman & Simmons PS, Lewiston
David P. Littell, Esq., Bernstein Shur Sawyer & Nelson, Portland
Julia A. Sheridan, Esq., Bar Counsel, Maine Board of Overseers of the Bar, AugustaMaine State Bar Association CLE Programs:
Your best option when it comes to Quality,
Experienced Faculty, Timely Topics, and Cost!