What are the ethics of recommending the best possible lawyer for the other party?
<p>Suppose that Sam Scientist has just invented some technology with potential for great commercial value. Lacking the resources to develop the technology, she approaches BigCorp.  It's in the best interest of both Sam and BigCorp to make a deal.</p>
<p>Sam is an expert in this technical field but has very little expertise in evaluating attorneys. Meanwhile, BigCorp has many attorneys who are specialized in this particular area of tech. Even though no one will be negotiating in bad faith, everyone understands that it's important for Sam to have a good lawyer for this process.</p>
<p><strong>Would it be ethical for a lawyer employed by BigCorp to recommend someone to represent Sam in her negotiation with BigCorp?  Should Sam accept such a recommendation if one were offered?</strong></p>

<p>This very much depends in BigCorp and the whole situation.</p>
<p>BigCorp has three sums of money: what they pay you, the cost of turning it into a product, and the profits of the product. Usually the first amount is much smaller than the second, and that is much less than the third. Ripping you off won’t save them much. Having a contract that rips you off but can be challenged later successfully would be the worst case for them.</p>
<p>So the best case for BigCorp is lawyers that set up a contract that is fair, bullet proof, and is created by lawyers that cooperate to keep the cost down. BigCorps lawyers probably know someone who will work in your interest just fine. Their worst bet would be lawyers that don’t work for your benefit, and then you manage to throw the contract out when it turn out to be not in your interest.</p>

<p>I don't think they will give a single name. In a somewhat similar case I am aware of, a BigCorp provided the names of three suggested attorneys, not a single person.</p>
<p>I have seen the inverse of this. I was negotiating with a BigCorp and they wanted to have the right to veto specific attorneys I might engage. They said give them three names and they promised to not veto all three.</p>

professional-ethics