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OnDemand Course

Ethical Settlement Negotiations

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 pre-litigation 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 client--whether 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 lawsuit--before 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 pro-se party versus counsel.

90 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 39 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

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
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Why Lorman?

Over 39 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, 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 April 18, 2023.

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

  • AK CLE 1.5 including Ethics 1.5
     
  • Alaska attorneys may receive 1.5 hour(s) of continuing legal education, including 1.50 hour(s) of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hour(s) of credit, including 1.5 hour(s) of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services/Noggin Guru for auditing purposes. This activity may qualify for up to 1.5 hour(s) toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hour(s) of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • Lorman Education Services/Noggin Guru is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hour(s) of participatory credit, of which includes 1.50 hour(s) of ethics credit.
     
  • CT CLE 1.5 including Ethics 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 1.50 hour(s) of ethics credit.
     
  • GA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hour(s), including 1.5 ethics hour(s).
     
  • NM CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
     
  • VT CLE 1.5 including Ethics 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit including 1.50 hour(s) of ethics credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics credit.
     
  • NALA 1.5 including Ethics 1.5
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.5 hour(s) including 1.50 hour(s) 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 39 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

Matt Kelley

Matt Kelley

Howry Breen & Herman LLP

  • Trial attorney, Howry Breen & Herman, LLP, Austin, Texas
  • Civil litigation, business litigation, real estate litigation, personal injury litigation
  • Top Ten Person Injury Attorney in Texas under 40 for 2022, 2023, NAOPIA, Attorney Intel Top 50 Attorney in Austin for 2022
  • Member of the Texas Trial Lawyers Association, Austin Bar Association, and Austin Young Lawyers Association
  • Texas Tech Law Review, comment editor
  • J.D. degree, magna cum laude, Texas Tech University School of Law; B.A. degree, Texas A&M University
  • Can be contacted at [email protected], 512-474-7300, or 1900 Pearl Street, Austin, Texas 78705
Christopher Lavorato

Christopher Lavorato

Wynne, Samp, Lavorato

  • Partner at Wynne, Samp, Lavorato, Austin Texas, a trial law firm specializing in civil litigation and family law
  • Routinely represents clients in federal and state courts in cases alleging product defect, aviation mishaps, wrongful death, personal injury, traumatic brain injury, spinal injury, clergy abuse, and sexual assault
  • Successfully tried, arbitrated, and mediated cases for over 21 years
  • Frequently provides pro-bono services to those in need, including military veterans
  • Recognized as highest Martindale-Hubbel rated, one of Austin’s Top Attorneys, and California and Texas Super Lawyers
  • Prior military officer and UH-60 Blackhawk pilot; FAA-certified commercial pilot (IFR / VFR)
  • J.D. Degree, Santa Clara University School of Law; B.A. Degree, University of San Francisco
  • Can be contacted at [email protected], or 512-904-0550
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Why Lorman?

Over 39 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

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
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Product ID: 410289
Published 2023
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