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 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.
Outline
- Key Model Rules relevant to contract and settlement negotiation
- Rule 1.1 Competence
- Rule 1.6 Confidentiality of information
- Rule 1.7 Conflict of interest
- Rule 1.3 Diligence
- Rule 2.1 Lawyer as advisor
- Rule 4.1 Truthfulness in statements to others
- Rule 8.1 Catch-all provisions
- Rule 8.4 Misconduct
- Ethical challenges
- Protecting client confidentiality and handling privileged information
- Identifying and managing conflicts of interest in transactions
- Avoiding false statements in contract and settlement negotiations
- Avoiding overreaching and unconscionable terms
- 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
Joseph A. Corsmeier
Owner/President
Law Office of Joseph A. Corsmeier
Mr. Corsmeier represents attorneys in all matters concerning the Florida Bar and/or the Florida Board of Bar Examiners.... | Read More
Mr. Corsmeier represents attorneys in all matters concerning the Florida Bar and/or the Florida Board of Bar Examiners. He has numerous years of experience representing lawyers and applicants alike and will strive to help you understand the process to contribute a more effective strategy. Mr. Corsmeier is an expert in his field and will remain steadfast in representation.
Close
Amber Bevacqua-Lynott
Senior Counsel
Buchalter
Ms. Bevacqua-Lynott is Senior Counsel in the Firm’s Portland and San Diego offices, and a member of the... | Read More
Ms. Bevacqua-Lynott is Senior Counsel in the Firm’s Portland and San Diego offices, and a member of the Firm’s Professional Responsibility and Litigation Practice Groups. She provides guidance and legal representation to attorneys, licensed professionals, and other business clients, including firms and in-house legal departments. Her practice centers on legal ethics, risk management, and discipline defense. Ms. Bevacqua-Lynott acts as outside counsel to clients in a variety of industries, providing advice and counsel on all manner of ethics issues, including conflicts, confidentiality, malpractice, risk management, and fee issues.
Close
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
As a member of Thompson Hine’s Office of General Counsel, Ms. McClurg conducts research and advises the firm’s lawyers on a variety of substantive legal ethics, privilege and liability issues. She also reviews and analyzes business intake conflicts, outside counsel guidelines and ethical screens; advises the firm’s lawyers on bar admissions matters; and provides guidance on ethical and liability issues to administrative departments throughout the firm. In addition, Ms. McClurg has responsibility for co-editing Thompson Hine’s legal ethics blog, The Law for Lawyers Today, which has been named a top law blog by the ABA Journal.
CloseEarly Discount (through 08/01/25)