Litigation seems to be a Pareto-ineffcient outcome of pretrial bargaining; however, this paper shows that litigation can be the outcome of rational behavior by a litigant and her attorney. If the attorney has more information than his client concerning the characteristics of the lawsuit, the...

I argue in this article that in the context of negotiation ethics, the criticism that the Model Rules merely regurgitate existing legal duties is too weak; the Rules permit or require lawyers to ignore legal duties in several circumstances when those duties conflict with client interests or with...