Playbook Information and Conflicts of Interest

Abbe and I discuss playbook information in connection with COI in ULE at p. 259.  The idea originated in a discussion by Richard Zitrin at a Hofstra Ethics Conference.  Richard is both an experienced litigator and avid poker player, and talked about the importance of the tell – information about how a player reacts in critical situations.  He then related this to information gained in a former representation about how the former client reacts in negotiations and litigation, e.g., a disposition to settle (and for how much) rather than litigate.  The idea was endorsed, also at a Hofstra conference, by Chuck Wolfram, who referred to it as playbook information.

Today's NY Times (5/1/12) has an obituary of Amarillo Slim, "poker's first superstar," who won five World Series of Poker.  "Poker players," he said, "should concentrate on their opponents more than their cards" -- agreeing, in effect, with the importance of playbook information.