ABSTRACT

Trust can be understood as the willingness to accept vulnerability because of positive expectations about the future behavior of another person. Trust is the result of a firm belief in the reliability, truth, ability and strength of the lawyer and client in each other’s commitment to the objectives of representation. Trust is often built over many shared experiences, which leads to reliability. But trust is more emotional than it is transactional. The reliance on shared values as a complement to the ethical rules, legal protections and business calculations is the critical component to building and maintaining trust. Trust built through honesty is fragile. One instance of deceit undermines trust, often irrevocably. In other words, the aspiration of honesty (both for personal integrity and as an example for others) is an end in itself. It is not dependent on the truthfulness of opposing counsel, counterparties or others.