Ethical Settlement Negotiations (OnDemand Webinar)

$199.00

SKU: 410289EAU

Description

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 prelitigation 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 clientwhether 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 lawsuitbefore 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 prose party versus counsel.

Date: 2023-04-18 Start Time: End Time:

Learning Objectives

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

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Matt Kelley-Howry Breen & Herman LLP, Christopher Lavorato – Howry Breen & Herman LLP

Ethical Settlement Negotiations (OnDemand Webinar)

$199.00

SKU: 407734EAU

Description

Learn the commandments of ethical settlement negotiation to protect your client’s 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 client’s top authority or bottom line. May an oral settlement proposal be rejected (ethically) without your client’s permission? This information is critical for any civil litigator who wants to reach successful, durable, and lawful settlement agreements.

Date: 2020-07-01 Start Time: End Time:

Learning Objectives

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; Ethical Traps
• 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

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Matthew N. White-Monty White LLP