Ethical Pitfalls in Settlement Negotiations
Avoiding Sanctions and Malpractice Liability
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, May 6, 2009
Recorded event now available
This seminar will review the common ethical dilemmas that arise during settlement negotiations and will provide practical strategies for avoiding ethical violations and legal and malpractice liability.
Description
With over 95% of cases settling before trial, counsel must be skilled at negotiating settlement agreements in a way that balances the attorney’s duty of zealous advocacy on behalf of the client against the attorney's duty for honest and ethical conduct.
Gray areas within the ethics rules and opinions governing settlement negotiations raise a number of troubling questions for litigation counsel. An attorney's failure to comply can lead to court sanctions, discipline by a state bar, and the potential for a court to set aside a settlement.
Listen as our panel of attorneys experienced in professional responsibility matters and litigation explains the common ethical pitfalls counsel must avoid when engaging in settlement negotiations. The panel will outline best practices to avoid ethics violations and legal liability.
Outline
- Common ethical challenges in settlement negotiations and applicable ethics rules and opinions
- Opinions versus misstatements (Model Rule 4.1)
- Restrictions on future representation (Model Rule 5.6(b))
- Aggregate settlements (Model Rule 1.8(g))
- Penalties for noncompliance
- Court sanctions
- Bar discipline
- Rescission of settlement agreement
- Best practices for law firms to avoid ethics violations
Benefits
The panel will review these and other key questions:
- What are the ABA Model Rules and formal ethics opinions that set forth the expected ethical conduct for counsel during settlement negotiations?
- Does litigation counsel have an ethical duty or responsibility to correct another party's factual error during the settlement process?
- Is it lawful for an attorney to either offer or accept an indirect restriction on future representation as a part of a settlement agreement?
- What are some best practices counsel should employ during settlement negotiations to avoid ethical missteps?
Faculty
Mark J. Fucile,
Partner
Fucile & Reising, Portland, Ore.
He counsels and trains lawyers, law firms and corporate and governmental legal departments on professional ethics and attorney-client privilege issues and serves as an expert witness in these areas. He was previously in-house ethics counsel for approximately ten years for a large regional firm.
Andrew I. Dilworth,
Partner
Cooper White & Cooper, San Francisco
He concentrates in the areas of general business litigation, criminal defense, and professional responsibility. He has written several articles on professional responsibility topics.
Avi Kumin,
Partner
Katz Marshall & Banks, Washington, D.C.
He has developed an expertise in employment discrimination, retaliation, whistleblower claims, employment contracts, and Family and Medical Leave Act claims. He has also specialized in litigating post-9/11 backlash discrimination and retaliation cases. He lectures about Family and Medical Leave Act, disability, retaliation, and other employment issues.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD $49.00
plus $9.45 S&H
Available ten business days after the live event
Ethics Credits
An excellent opportunity to earn ETHICS CLE credits in states where webinars are accredited.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
The seminar featured very knowledgeable presenters on an extremely important topic.
Kenneth Mathieu
FTI Consulting
I liked the application of recent case law.
Jeff Vagle
Pepper Hamilton LLP
The program was very thorough, stayed on topic and was well organized.
Thad Wilson
King & Spalding LLP
The speakers were excellent and made it easy to understand the complex subjects.
Michael Robinson
Winston & Strawn LLP
The webinar was very easy to use and I liked that the speakers were very knowledgeable.
E. Moses Vejil
Bingham Greenebaum Doll LLP
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