The Myth of the Honest Negotiator

<p dir="ltr">A lawyer has an obligation to be honourable and a duty of integrity. In a negotiation, a lawyer will not be completely honest. Both of these statements are true, but they seem contradictory. The Federation of Law Societies of Canada’s <i>Model Code of Professional Conduct</i>, does not expressly prohibit a lawyer from lying to another lawyer, but the Code does include provisions that promote integrity, honesty and honour. In this post, I attempt to defend the idea that an honourable lawyer can engage in a small range of permitted deception during negotiations.</p><p><br></p><p><br></p>

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Publication Details

Published
2025-08-12
DOI
https://doi.org/10.32920/29896166
Primary Topic
Conflict Management and Negotiation
Type
article
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article

The Myth of the Honest Negotiator

Deanne Sowter
Conflict Management and Negotiation
article

The Myth of the Honest Negotiator

Deanne Sowter
article en

Abstract

<p dir="ltr">A lawyer has an obligation to be honourable and a duty of integrity. In a negotiation, a lawyer will not be completely honest. Both of these statements are true, but they seem contradictory. The Federation of Law Societies of Canada’s <i>Model Code of Professional Conduct</i>, does not expressly prohibit a lawyer from lying to another lawyer, but the Code does include provisions that promote integrity, honesty and honour. In this post, I attempt to defend the idea that an honourable lawyer can engage in a small range of permitted deception during negotiations.</p><p><br></p><p><br></p>

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Conflict Management and Negotiation
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The Myth of the Honest Negotiator — Deanne Sowter · (2025) | TGRS Research Map | TGRS