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Ethical Settlement Negotiations - Webinar

  • ID: 3787598
  • Webinar
  • July 2018
  • Region: Global
  • 90 Minutes
  • Lorman Business Center, Inc.
Learn the commandments of ethical settlement negotiation to protect your clients interests and stay compliant.

Nearly all civil cases resolve with a negotiated settlement. Although bargaining takes place in every case, most lawyers have little knowledge of the disciplinary rules and state laws that govern their negotiations. For example, lawyers may not know when advocacy moves beyond puffery and into unethical dishonesty, or when it is acceptable to misrepresent a clients top authority or bottom line. May an oral settlement proposal be rejected (ethically) without your clients permission? This topic is critical for any civil litigator who wants to reach successful, durable, and lawful settlement agreements.
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Ethical Obligations Front and Center
  • Obligations Start Early
  • What Rules and Laws Apply to Settlement Negotiations?
  • Consequences of Failure to Comply
  • Reputation Matters
Competence to Negotiate
  • Preparing for Settlement Negotiation: What You Need to Know in Advance
  • Modern Technology in Negotiation
  • Settlement Authority: Who Decides?
  • Client's Involvement in Negotiations
Truth and Lies
  • Distinction Between "Puffery" and Dishonesty
  • Mediation vs. Settlement Conferences
  • Must Adverse Information Be Shared?
  • Failure to Disclose Death of Client Before or During Litigation
Settlement Traps
  • Limiting Attorney's Future Employment
  • Confidentiality
  • Lawyer vs. Client Conflicts
  • Agreement Not to Report to Authorities
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Matthew N. White - Monty White LLP
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This webinar is primarily designed for attorneys. Other legal professionals may also benefit from attending.
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