The Ethics of Settlement Negotiations

Legal Area:        Ethics Malpractice Professional Liability Arbitration Mediation ADR
Session END DATE:        09/30/2024
Total CLE Hours:        1.50
Ethics Hrs Included:        1.50
Registration Fee:        $30.00
Information:        LAST CHANCE $15

** Available on-demand any time of day and in time increments convenient to you through Session End Date above **

Are you complying with your ethical obligations when negotiating or effectuating a settlement? What do you need to tell the client? What do you need to cover in your settlement and engagement agreements? Is there such a thing as an adequate or excessive settlement? This presentation will address how to protect yourself and simultaneously advance the interests of your clients, by understanding and applying the ethical requirements governing settlement. Texas Rules of Discipline 1.01, 1.03, 4.01, and 8.04 will also be discussed. This course features streaming video and downloadable audio presentations from a live CLE seminar by the Houston Bar Association (HBA) on September 7, 2018.

Some of the subjects for this course include:

  • Key Issues in Settlement Negotiations

  • Fully Informing the Client

  • Misrepresentation, Omission and Puffery in Negotiations

  • Misrepresentation to Third Parties: Ethical Violations?

  • Documentation of Representation and Settlement Terms

  • Inadequate or Excessive Settlements

  • Speakers:

    Jacklyn J. Ford, a Partner with the firm of Vorys, Sater, Seymour and Pease, LLP. Jackie is a frequent writer and commentator on a wide range of legal issues. Notable publications include an article in 'Law360' concerning best practices in harassment investigations, an op-ed in the 'Houston Chronicle' regarding political conversations in the office, and an article in the 'Houston Business Journal' regarding “compassionate compliance” in the workplace following Hurricane Harvey. She has also been featured on Houston public radio discussing sexual harassment issues and strategies for preventing workplace violence. More information may be found on her firm's website.

    Richard A. Schwartz, a Partner with the firm of Vorys, Sater, Seymour and Pease, LLP. Dick has authored and lectured at numerous legal education programs. He has written papers and given lectures on such subjects as expert discovery, corporate investigations, legal privileges and ethics. He has also completed Harvard Law School’s program on Negotiation and Leadership 2017 Harvard Negotiation Master Class and the University of Houston A.A. White Dispute Resolution Center’s comprehensive course in Commercial Arbitration (Domestic and International) and obtained a certificate in Advanced Arbitration Skills. More information may be found on his firm's website.


    This course is approved for CLE credit by the STATE BAR OF TEXAS (MCLE Provider #8238).  Please check with your State Bar regarding specific accreditation requirements.

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