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Ethical Issues in Negotiating Contracts and Settlements: Best Practices for Litigators and Transactional Attorneys

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, July 22, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 11, 2025

or call 1-800-926-7926
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This CLE webinar will discuss critical issues relating to legal ethics in negotiations for transactional and litigation attorneys. The panel will explore applicable rules and provide attorneys a deeper understanding of key ethical challenges in contract and settlement negotiations as well as provide practical tools for navigating these issues in their practice.

Description

The process of negotiating contracts and settlements is ripe with ethical issues and concerns. Attorneys engaging in these matters within their practice must consider issues pertaining to competence, confidentiality, conflicts of interest, truthfulness in negotiations, and more.

Attorneys engaged in contract and settlement negotiations, and the drafting of related documents, need to understand how to identify and manage ethical dilemmas, including issues related to privileged information, overreaching contract terms, and potential conflicts between clients.

Listen as our panel discusses applicable rules and provides attorneys a deeper understanding of key ethical challenges in contract and settlement negotiations as well as provides practical tools for navigating these issues in their practice.

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Outline

  1. Key Model Rules relevant to contract and settlement negotiation
    1. Rule 1.1 Competence
    2. Rule 1.6 Confidentiality of information
    3. Rule 1.7 Conflict of interest
    4. Rule 1.3 Diligence
    5. Rule 2.1 Lawyer as advisor
    6. Rule 4.1 Truthfulness in statements to others
    7. Rule 8.1 catch-all provisions
  2. Ethical challenges
    1. Protecting client confidentiality and handling privileged information
    2. Identifying and managing conflicts of interest in transactions
    3. Avoiding false statements in contract and settlement negotiations
    4. Avoiding overreaching and unconscionable terms
  3. Hypothetical examples and best practices

Benefits

The panel will address these and other key considerations:

  • What are the guiding ethical principles in contract negotiations?
  • What are some of the most common ethical challenges encountered in drafting contracts?
  • What are the key ethical considerations in negotiating the settlement of claims?
  • What are some effective strategies for navigating the tension between zealous advocacy and adhering to ethical obligations in contract and settlement negotiations?

Faculty

McClurg, Amy
Amy G. McClurg
Assistant Counsel
Thompson Hine

As a member of Thompson Hine’s Office of General Counsel, Ms. McClurg conducts research and advises the...  |  Read More

Attend on July 22

Early Discount (through 07/11/25)

Cannot Attend July 22?

Early Discount (through 07/11/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video