To Puff or Not to Puff . . . (or When and How to Puff)
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I love teaching law students about misrepresentation in negotiation. I call this class, “lying like a lawyer.”
Of course, civilians (i.e., non-lawyers) regularly fudge the facts, let’s call it. While it might be nice if there were bright-line norms of scrupulous honesty that were universally followed, that’s never gonna happen.
I’m no expert on moral philosophy or the social psychology of lying, but I think that most people probably believe that some misrepresentation is acceptable and even justified. Students in my Lawyering course regale the class with tales of their perfidy, sometimes with pride rather than shame. Movie and television audiences seem to find lying endearing when sympathetic protagonists do it. (I base this observation on the fact that writers use this hackneyed plot device over and over and over again.)
In the legal context, the rules prohibit misrepresentation of material facts but permit puffing about one’s interests, positions, and general opinions. Art’s research with Jess Alberts suggests that some lawyers think it’s appropriate to misrepresent material facts in some situations. This can lead to useful discussions about what are material facts in particular circumstances and how lawyers can ethically and effectively handle these situations.
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