Ethical Pitfalls in Settlement Negotiations

Outline

1. Common ethical challenges in settlement negotiations and applicable ethics rules and opinions
   1. Opinions versus misstatements (Model Rule 4.1)
   2. Restrictions on future representation (Model Rule 5.6(b))
   3. Aggregate settlements (Model Rule 1.8(g))
2. Penalties for noncompliance
   1. Court sanctions
   2. Bar discipline
   3. Rescission of settlement agreement
3. 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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.