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?
"The fog has not lifted — section 198J of the NSW Legal Profession Act in light of acceptable negotiation theory and principles — Part I,"
ADR Bulletin: Vol. 8
, Article 2.
Available at: https://epublications.bond.edu.au/adr/vol8/iss9/2