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Abstract

Extract:

This article examines s 198J of the Legal Profession Act 1987 (NSW) (LPA 1987), as a representative example of a legislative constraint on certain negotiation tactics used by the legal profession. For example, in negotiation literature, typical positional bargaining tactics include high-soft offers, low-soft offers, insult offers, theatrics, threats, lies, and bluffing. Although ‘lies’ are clearly unacceptable for lawyers, why should the residue of the standard repertoire of negotiation behaviours be legislatively denied to lawyers, while permitted for their clients?

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