BarbriSFCourseDetails

Course Details

This CLE webinar will provide new attorneys with a comprehensive understanding of ethical principles and professional responsibilities in contract law and how these principles and rules apply to contract drafting, contract negotiation, and client representation.

Faculty

Description

The contract drafting and negotiation process is replete with ethical issues and concerns and frequently raises issues pertaining to competence, confidentiality, conflicts of interest, truthfulness in negotiations, and more.

Attorneys engaged in contract drafting need to understand how to identify and manage ethical dilemmas, including issues related to privileged information, overreaching contract terms, and potential conflicts between clients.

Listen as our expert panel guides counsel through the ethical principles and professional responsibilities that surround contract law and contract drafting, review, and negotiation.

Outline

  1. Key Model Rules relevant to contract drafting and negotiation
    • Rule 1.1 Competence
    • Rule 1.6 Confidentiality of information
    • Rule 1.7 Conflict of interest
    • Rule 1.3 Diligence
    • Rule 2.1 Lawyer as advisor
    • Rule 4.1 Truthfulness in statements to others
  2. Ethical challenges
    • Protecting client confidentiality and handling privileged information
    • Identifying and managing conflicts of interest in contract transactions
    • Avoiding false statements in contract negotiations
    • Avoiding overreaching and unconscionable terms
  3. Hypothetical examples
  4. Best practices for ethical decision-making in contract law

Benefits

The panel will address these and other key considerations:

  • What are the guiding ethical principles in contract law?
  • What are some of the most common ethical challenges encountered in contract drafting and negotiation?
  • What are some effective strategies for navigating the tension between zealous advocacy and adhering to ethical obligations in contract negotiations?