In short, ABA Model Rule 1.2(d) states that a lawyer or any other legal professional may not
draft a legally binding contract that will engage the parties in any business activity related to
illegal or fraudulent activities. ABA Model Rule 1.6(a) in short states that a lawyer or legal
professional may not discuss nor reveal any sensitive financial information whether personal or
business-related relating to their representation of a client unless they are given informed
consent. I believe that "bluffing" and telling a potential buyer that my client has already received
several offers for a purchase when my client has not violated ABA Model Rule 8.4. My reason
for feeling this way is because it clearly emphasizes that as legal professionals, we are not to
engage in dishonest or deceitful conduct as part of the negotiation process of a contract. Two
strategies to avoid ethical violations while negotiating and drafting contracts are to always abide
by any applicable laws and regulations that may govern the contents of a contract and also
make sure that you are abiding by your professional code of ethics such as the ABA Model
Rules of Professional Conduct.
