This two-part article is part of a larger monograph that discusses various regulatory, ethical or community practice attempts to control the negotiation behaviours of legal professionals. In the current article the focus is on the many factors (legal, ethical and business practice) that affect the ability to successfully control a particular negotiation behaviour, namely deception. The purpose of the article is to initiate a dialogue about the legal, ethical and business tensions in trying to control lying as a negotiation tactic and whether such attempts can ever be successful in light of societal pressures, human nature, and acceptable negotiation theory and principles regarding such behaviour.

A subsequent article focuses on a detailed analysis of how ethical codes of conduct attempt to regulate the deceptive practices that may be used by legal professionals and whether such ethical codes of conduct are successful.