An interview with Prof. Carrie Menkel-Meadow

In this episode, Professor Carrie Menkel-Meadow of UC Irvine Law School delves into the ethical frontiers of legal negotiation, challenging attorneys to reflect on which tactics align with both zealous advocacy and professional integrity. Menkel-Meadow navigates the evolution from a model of unbridled assertiveness toward a modern framework that prizes diligence, honesty, and respect for the Model Rules of Professional Conduct.

Throughout the conversation, she distinguishes between permissible strategic behavior—such as puffing, bluffing, and even certain aggressive maneuvers—and practices that cross the line into outright deception. By exploring the nuances of material misrepresentation versus acceptable exaggeration, Menkel-Meadow highlights the ethical dilemmas inherent in negotiation, including the fine balance between strategic omissions and the risk of fraud. She also emphasizes the long-term benefits of cultivating a reputation for fairness and transparency, arguing that such an approach not only upholds professional credibility but also better serves clients over time.

(Credits: 1.25hrs Civility | MCLE available to TalksOnLaw “Premium” or “Podcast” members. Visit www.talksonlaw.com to learn more.)