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March 02, 2006

Scoundrel

Last night in Negotiation class, we were discussing settlement in a breach of contract case. My side was claiming overtime expenses stemming from the other side’s late performance… my adversary asked across the table if I was positive that the entire claimed overtime was attributable to the delay.

I said yes—but in truth I knew that over 40% of what we’d claimed was actually attributable to human error and, according to the facts “this fact would almost certainly be revealed in litigation.” What I did was entirely unethical under the Model Rules. Those Rules didn’t even occcur to me while we were at the table.

Posted by Rob Courtney at March 2, 2006 01:12 PM