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Unpublished Paper
Ethically Ambiguous Negotiation Tactics (EANTS): What are the rules behind the rules?
Law Society of Saskatchewan CPD seminars (2014)
  • John Wade, Bond University
Abstract

This paper will briefly discuss the following: • A catalogue of the EANTs in use in negotiation and litigation. • How common are these behaviours amongst lawyers? • What are the attempted controls (or not) of these EANTs in different cultures?---market isolation, law, and “ethics”? • Focussing on attempted ethical controls, what are the five (often overlapping) historic schools of “ethics”? • Which school of “ethics” do various written codes of law societies predominantly reflect? –answer: pragmatism and self interest. • If the epidemic of EANTs needs to be reduced, should pragmatism and self interest be taught and modelled more expressly to and by lawyers?

Keywords
  • code of conduct,
  • ethics,
  • reflective,
  • practice,
  • litigation
Publication Date
May 12, 2014
Citation Information
John Wade. "Ethically Ambiguous Negotiation Tactics (EANTS): What are the rules behind the rules?" Law Society of Saskatchewan CPD seminars (2014)
Available at: http://works.bepress.com/john_wade/69/