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Ethical Settlement Negotiations

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 topic is critical for any civil litigator who wants to reach successful, durable, and lawful settlement agreements.

Runtime: 82 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected]com or call us at 866-352-9540.

This course was last revised on July 17, 2018.

Call 1-866-352-9540 for further credit information.

  • WA CLE 1.25 including Ethics 1.25
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit, including 1.25 hours of ethics credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Matthew N. White

Matthew N. White

Monty White LLP

  • Partner with Monty White LLP, San Rafael, CA (personal injury litigation)
  • Mediator with Resolution Remedies, San Rafael
  • Judge pro tem, San Francisco and Marin Counties
  • Past president, Marin County Bar Association
  • Co-author, Mastering Mediation, Thomson Reuters, 2012
  • Adjunct professor, University of San Francisco School of Law
  • Frequent lecturer on trial practice, personal injury law, ethics
  • J.D. degree, UC Hastings School of Law, San Francisco
  • Can be contacted at 415-226-4040 or [email protected]
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 403612
Published 2018
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