Available in:

OnDemand Course

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

75 minutes
Course Exam
Certificate of Completion
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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; 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
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, 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] or call us at 866-352-9540.

This course was last revised on July 1, 2020.

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

  • AR CLE 1.25 including Ethics 1.25
     
  • This course has been approved for 1.25 hours of CLE by the Arkansas CLE Board, including 1.25 hours of ethics credit.
     
  • CA MCLE 1.25 including Ethics 1.25
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.25 CLE hours of participatory credit, of which includes 1.25 hours of ethics credit.
     
  • CO CLE 2.0 including Ethics 2
     
  • Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hour(s) including 2.0 ethics credit(s).
     
  • NM CLE 1.3 including Ethics 1.3
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.3 hours of credit, including 1.3 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OR CLE 1.25 including Ethics 1.25
     
  • Approved for 1.25 CLE credits in Oregon, including 1.25 hours of ethics credit.
     
  • 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.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE 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.

Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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 (Mediation, Civil Procedure), 2012-present)
  • 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]
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 407734
Published 2020
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!