Lawyers involved in civil litigation invariably have to deal with settlement negotiations of some kind, often under the aegis of court ordered mediation.
Negotiations involve a great deal of back-and-forth posturing about the claims in the case.
How far can an attorney go in bending the truth – can he exaggerate, make false statements, or conceal important information? And if he or she does, what exposure does he or she have?
A recent New York federal court decision, Otto v. Hearst Communications, 2019 U.S. Dist. LEXIS 35051 (S.D.N.Y. 2019), denied a motion for sanctions against an attorney who supposedly misrepresented certain facts in a settlement conference, although the Magistrate Judge opined that the case was a “close call,” and cautioned the attorney from overstepping in the future.