Better understand ethical settlement negotiation to protect your client’s interests and stay compliant.
There are critical points in the life of a civil matter that are ripe for effective negotiations. Negotiations can happen at all stages of a civil case, including pre-litigation and long after a suit had been filed. Knowing the best time to engage in negotiations becomes a critical benefit to your case and ultimately can result in the most value to your client - whether plaintiff or defense. In some cases, it makes financial and practical sense to engage in negotiations before a suit is ever filed versus those cases that require the filing of a lawsuit - before the parties can meaningfully engage in such communications. This course will also alert you to the ethical obligations and pitfalls when engaging in negotiations with a pro-se party versus counsel.
Agenda
Introductions
Overview of Settlement Negotiations
- General Types of Negotiations
- Pre-Litigation Negotiations
- Negotiations During Litigation
Personal Injury Demands
- Components of the Demand
- Non-Economic Losses
- Economic Losses
ADR
- Effective Mediations
- Mandatory Settlement Conferences
- ADR Amongst Plaintiffs Regarding Allocations
Ethical Considerations
- Confidentiality
- Negotiating With a Pro-Se Party
- Communications With the Neutral
- Timing of Engaging in Negotiations
Speakers
Christopher Lavorato,
Howry Breen & Herman LLP- Partner with Howry, Breen & Herman LLP—a record setting trial law firm primarily serving plaintiffs in the state of Texas
- Routinely represents clients in federal and state courts in cases alleging product defect, aviation mishaps, wrongful death, personal injury, traumatic brain injury, spinal injury clergy abuse, and sexual assault
- Successfully tried, arbitrated and mediated cases for over 16 years
- Received the highest rating with Martindale Hubbell Law Directory; one of Austin’s Top Attorneys, and California and Texas Super Lawyers
- Frequently provides pro-bono services to those in need, including military veterans
- Prior military officer and UH-60 Blackhawk pilot; FAA certified commercial pilot (IFR / VFR)
- J.D. degree, Santa Clara University School of Law; B.A. degree, University of San Francisco
- Can be contacted at 512-439-4137 or clavorato@howrybreen.com
Matt Kelley,
Howry Breen & Herman LLP- Attorney with Howry Breen & Herman LLP, a record-setting trial law firm located in Austin, Texas
- Represents clients in federal and state courts in cases involving traumatic brain injury, sexual assault, business disputes, construction disputes, and administrative matters
- Successfully tried and mediated cases over 5 years and recognized as a top 40 attorney under 40 in Texas
- J.D. degree, magna cum laude, Texas Tech University School of Law. B.A. degree, Texas A&M University
- Can be contacted at 512-439-4109, mkelley@howrybreen.com or www.howrybreen.com
Who Should Attend
This live webinar is designed for attorneys. Other legal professionals may also benefit from attending.
