BarbriSFCourseDetails

Course Details

This CLE webinar will discuss critical issues relating to legal ethics in negotiations for 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.

Faculty

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 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.

Outline

I. Obligations on Lawyer

A. Rule 1.1 Competence

B. Rule 1.3 Diligence

C. Rule 1.4 Communications

D. Rule 8.3 Reporting professional misconduct

E. Rule 8.4 Misconduct

II. Deceit/Restrictions on Right to Practice

A. Rule 1.8 Current clients;

B. Rule 1.16 Declining or terminating representation

C. Rule 4.1 Truthfulness in statements to others

D. Rule 5.6 Restrictions on right to practice

E. Rule 8.4 Misconduct

III. Privilege and Conflicts

A. Rule 1.2 Scope of representation and allocation of authority

B. Rule 1.6 Confidentiality of information

C. Rule 1.7 Conflict of interest

D. Rule 3.3 Candor towards the tribunal

E. Rule 8.4 Misconduct

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?