It is important to use these events, meetings, and times strategically depending on the status and strength of your client’s case. This can be done through written settlement proposals and settlement meetings. The fourth major point in time is any other time prior to trial up to right before judgment is handed down. The third point in time where settling is possible is during case management conferences. ![]() It is important to check your local rules for timing, attendance, and possibility of mandatory proposals, and possible resulting orders. The next opportunity, and probably the most obvious, is at settlement conferences. These conferences, in addition to the opportunity of settlement, may give counsel the opportunity to flush out procedural, evidentiary, or substantive issues. The first of these times are in pre-trial conferences. There are multiple opportunities or points in time where settlement is feasible. ![]() (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decision regarding the representation. Consult the client with any relevant limitation on the lawyer’s conduct when the lawyer knows the client expects assistances not permitted by the Rules of Professional Conduct or other law. Promptly comply with reasonable requests for information andĬ. Keep the client reasonably informed about the status of the matter ī. One of the most important rules is Rule 4-1.4 governing communication, which states that:Ī. There are Model Rules of Professional Conduct t hat come into play when conducting negotiations. Keep in mind that preparation is a tool, and it is not a guarantee that the parties will settle. Of course, special or more specific methods of discovery may be required in different cases. When doing this, it is most efficient to use traditional discovery methods to uncover the opposing party’s information and potential issues. It is equally important to consider the issues of the opposing party. This means that they should probe for any legally relevant information as well as to ask about their client’s biggest issues. The initial efforts of the negotiation process should consist of the attorney doing their homework.
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