Celesq® Upcoming Webcasts

Date Published: 02/08/2018

Negotiation And Settlement Of Disputes: Ethical Issues for All Attorneys

Ethics issues abound in the negotiation and settlement of disputes, and can lead to the undoing of agreements, disciplinary charges and even claims of malpractice. In this program for all attorneys, Steve Bennett addresses practical issues in negotiation and settlement, such as the basic question: “who is the client?”, questions of “puffery” in negotiation, bad faith, threats, and other questionable behaviors, and the ethical issues that arise therefrom.
Model Rules discussed include:
Rule 1.2: Duty of consultation
Rule 1.4: Duty to keep client informed
Rule 4.1: False statements
Rule 8.4: Dishonesty
Ethics opinions discussed include:
ABA Opinion 06-329
ABCNY Formal Op. 2017-3
Florida Bar v. Rodriguez, 959 So.2d 150 (Fla. 2007)
In re J.T. Thorpe, Inc. (Mandelbrot v. J.T. Thorpe Settlement Trust), No. 15-56430 (9th Cir. 2017)

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