Ethical Pitfalls in Settlement Negotiations
Avoiding Sanctions and Malpractice Liability
Recording of a 90-minute CLE webinar with Q&A
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.
- 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
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?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Mark J. Fucile
Fucile & Reising
He counsels and trains lawyers, law firms and corporate and governmental legal departments on professional ethics and... | Read More
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.Close
Andrew I. Dilworth
Cooper White & Cooper
He concentrates in the areas of general business litigation, criminal defense, and professional responsibility. He has... | Read More
He concentrates in the areas of general business litigation, criminal defense, and professional responsibility. He has written several articles on professional responsibility topics.Close
Katz Marshall & Banks
He has developed an expertise in employment discrimination, retaliation, whistleblower claims, employment contracts,... | Read More
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.Close
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