Here’s an excerpt from an attorney disciplinary code:
In the course of representing a client, a lawyer shall not knowingly make a false statement of fact or law to a third person.
And from the commentary on that rule:
This Rule refers to statements of fact. Whether a particular statement should be regarded as one of fact can depend on the circumstances. Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of fact. Estimates of price or value placed on the subject of a transaction and a party’s intentions as to an acceptable settlement of a claim are ordinarily in this category . . .
My take on this is that it’s pretty much understood and accepted that in negotiations, people bullshit about their intentions all the time. (Whether it’s a good idea or not is another question of course.) I was a bit surprised when I first read this rule.
Here’s an excerpt from an attorney disciplinary code:
And from the commentary on that rule:
My take on this is that it’s pretty much understood and accepted that in negotiations, people bullshit about their intentions all the time. (Whether it’s a good idea or not is another question of course.) I was a bit surprised when I first read this rule.