Gain an understanding of the necessary negotiation strategies that are ethical and tactical for litigation.
Except in very rare circumstances, there are always negotiations in litigation. Attorneys not only negotiate to reach a settlement of a matter but also negotiate such things as to set a date for an event or an extension. An attorney who knows fundamental tactics, strategy, and consideration when negotiating can provide their client and the attorney a better result. Negotiating is not necessarily intuitive and subjective, but those factors should be considered while negotiating. However, having more objective criteria and factors to consider when negotiating will provide a template or plan to reach the desired result. Ethical consideration is also a significant factor when negotiating in the context of litigation. These considerations include such matters as the duty of honesty, confidentiality, and meritorious claims. This topic will cover negotiating strategy and tactics, as controlled by ethical and professional obligations to the client and the court, and an overview that will provide the attorney with some basic concepts for effective and ethical negotiations.
John A. Snow
Parsons Behle & Latimer
- Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
- Practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense
- Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation, and construction
- Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law and as a Super Lawyer in the Mountain States in Super Lawyer Magazine
- Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
- Can be contacted at [email protected] or 801-536-6772
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