Alan’s first article has hit the presses with Texas Lawyer. In it, Alan runs through counsel’s ethical boundaries in negotiations like mediation.

You can read the article here.

The article covers:

“Good faith” mediation referral orders
Counsel’s duty to give the advice a client may not want to hear
Counsel’s duty of honesty
Counsel’s potential duty to disclose if the client has a duty
Reality check

When it comes to giving the client the hard news, Alan points out:

Smart litigation counsel uses the mediator as cover. Because the legal profession thrives on ambush, new twists routinely pop up at mediation. A good mediator doesn’t pull punches in showing both sides their risks. Let the mediator be the first to break the bad news. Then soft echo it. Tell the client that, although you don’t like it, you see the wisdom in it.

Alan Bush is a mediator posted near The Woodlands. He mediates mostly in Montgomery County and Harris County.