Analyzing Sharp Tactics and Ethical Boundaries in Legal Negotiations
In the latest installment in the popular “Negotiation Ethics for Lawyers” series, Zach McGee switches gears to show how negotiations are portrayed in some popular films. In Part Two, our subject is the remarkable film “Thank You for Smoking” starring Aaron Eckhart as slick lobbyist Nick Naylor, who represents the tobacco industry.
In this film, Nick masterfully twists words, reframes others' positions, questions their intentions and engages in other sharp tactics to defend his clients and attack their enemies. Nick is the sort of adversary that you hope never to face in a negotiation, but at some point, in your career, you're likely to find yourself sitting across the table from a Nick Naylor-type.
In this program, Zach illustrates why Nick’s negotiation tactics are so effective, discusses whether they violate the legal ethics rules, and suggests how you might respond if these sorts of tactics are used on you in a negotiation. Rules covered include ABA Model Rules 1.3, 4.1 & 8.4; Cal. Business & Professions Code Sec. 6068.
Legal Technology & Education
New Media Legal Publishing, Inc. is a legal publishing company based in Los Angeles, California, that develops, produces, markets, and distributes innovative legal education content for law firms and companies. For more information about NMLP and its products, please visit http://www.newmedialegal.com .
Senior Vice President, Business Affairs, Sony Pictures Entertainment
Zach McGee is a Senior Vice President of Business Affairs for Sony Pictures Entertainment in Los Angeles, where he negotiates distribution deals for feature films and television series. Before joining Sony Pictures, Zach held senior legal positions in-house at NBCUniversal and Miramax. Zach began his career as a law clerk for the Honorable Michael B. Mukasey, Chief Judge of the United States District Court for the Southern District of New York. He also worked as an associate at Davis Polk in New York, New York, and Menlo Park, California. He graduated magna cum laude from Harvard College and Harvard Law School, and he earned his Master's in Business Administration from the UCLA Anderson School of Management. Zach is also a successful entrepreneur and the founder of educational content companies within the legal field.
