Aug

    How to Succeed as a Trial Lawyer: Negotiating and Mediating Ethically

    1 PM EDT

    Most cases settle before trial. You need to know how to negotiate and mediate while avoiding ethical pitfalls. What statements to opposing counsel are unethical, including nondisclosure of facts you know related to settlement? What if you represent multiple clients who don't agree on settlement terms? What if you think your corporate client's authorized representative authorizes you to agree to a settlement that reflects poor judgment? What terms of a proposed settlement are unethical?

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    The successful trial lawyer takes advantage of opportunities to negotiate and mediate cases, achieving a satisfying result for the client at less expense and greater efficiency than litigating to the end of the trial and appeals. Knowing how to do so ethically is an essential skill.

    This program provides ethical guidance on such issues as obtaining your client's settlement authority; representing multiple clients in settlement negotiations (e.g., what if they disagree?); representing an organization in settlement negotiations (e.g., whose authority is binding?); prohibited settlement terms; the limits to your obligation to be truthful in settlement negotiations (e.g., is puffery ethical?); ethical issues in mediation; and remedies for opposing counsel's violation of ethical rules in negotiation and mediation.

    Registrants of any one or more of the four Trial Lawyer webinars offered by Stewart Edelstein receive 25% off of the list price of his book How to Succeed as a Trial Lawyer, Second Edition.

    Event Details

    Duration

    60

    Format

    Web

    Date

    Aug 20, 2019

    2019-08-20T13:00:00-04:00 2019-08-20T14:00:00-04:00 How to Succeed as a Trial Lawyer: Negotiating and Mediating Ethically

    Most cases settle before trial. You need to know how to negotiate and mediate while avoiding ethical pitfalls. What statements to opposing counsel are unethical, including nondisclosure of facts you know related to settlement? What if you represent multiple clients who don't agree on settlement terms? What if you think your corporate client's authorized representative authorizes you to agree to a settlement that reflects poor judgment? What terms of a proposed settlement are unethical?

    Speakers

    Stewart Edelstein

    Cohen and Wolf PC

    Stewart Edelstein taught clinical courses at Yale Law School for twenty years, during his forty-year career as a commercial trial lawyer. He has frequently presented seminars for trial lawyers, and is the author of more than fifty articles and podcasts for trial lawyers, as well as a book, now in its second edition, How to Succeed as a Trial Lawyer (ABA 2017). He is on the Neutral Panel of the American Arbitration Association and has served as a Settlement Special Master in federal court and Counsel to the Federal Grievance Committee in Connecticut. He is a graduate of Oberlin College and Cornell Law School, where he was on the moot court team. At Stanford Law School, he completed the Advanced Course in Trial Advocacy, and at Harvard Law School, he completed the Teacher Training Program, both under the auspices of the National Institute for Trial Advocacy.

     

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    MCLE Information

    The ABA will seek 1.00 CLE Ethics and Professional Responsibility credit hours in 60-minute-hour states, and 1.20 Ethics and Professional Responsibility credit hours of CLE credit for this program in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

    View - MCLE Details

    Panelists

    Stewart Edelstein

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