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Ethical Settlement Negotiations

Date: Tuesday, July 17, 2018
Time: 1:00 - 2:30 pm EST
Length: 90 minutes

Sponsored by Lorman Education Services


Registration for Session Only: $199.00

Registration plus Session Recording and Written Materials: $268.00
 

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

Areas Covered in the Session:

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

Credit Information (Sponsored by Lorman Education Services):

  • CLE
  • NALA
For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Instructor Profile:

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 1-415-226-4040 or at mwhite@montywhitelaw.com

(Not available outside the US)