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Ethical Negotiation for Litigators

Gain an understanding of the necessary negotiation strategies that are ethical and tactical for litigation.

Except in very rare circumstances, there are always negotiations in litigation. Attorneys not only negotiate to reach a settlement of a matter but also negotiate such things as to set a date for an event or an extension. An attorney who knows fundamental tactics, strategy, and consideration when negotiating can provide their client and the attorney a better result. Negotiating is not necessarily intuitive and subjective, but those factors should be considered while negotiating. However, having more objective criteria and factors to consider when negotiating will provide a template or plan to reach the desired result. Ethical consideration is also a significant factor when negotiating in the context of litigation. These considerations include such matters as the duty of honesty, confidentiality, and meritorious claims. This topic will cover negotiating strategy and tactics, as controlled by ethical and professional obligations to the client and the court, and an overview that will provide the attorney with some basic concepts for effective and ethical negotiations.

64 minutes
Certificate of Completion
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Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Negotiation Tactics and Strategy

  • Selection of Mediator
  • Materials Submitted to Mediator
  • Educating the Opposition

Advantage and Disadvantage of Mediation

  • Possible Settlement
  • Neutral Third Party Opinions
  • Possibly Maintaining Relationships
  • Educating the Opposition
  • Starting the Resolution Process
  • Understanding the Opposition
  • Others

Ethical Considerations in Negotiations

  • Duties of Honesty
  • Duties of Confidentiality
  • Coercion and Withdrawal
  • Preparation and Competence
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Why Lorman?

Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 27, 2025.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.0 including Ethics 1
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education, including 1.00 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1 including Ethics 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours' credit, including 1.1 hours of ethics credit.
     
  • AR CLE 1.0 including Ethics 1
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board, including 1.00 hour of ethics credit.
     
  • Arizona CLE 1.0 including Ethics 1
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hour of professional responsibility.
     
  • CA MCLE 1.0 including Ethics 1
     
  • Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit, of which includes 1.00 hour of ethics credit.
     
  • CT CLE 1.0 including Ethics 1
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s) including 1.00 hour(s) of ethics credit.
     
  • GA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours, including 1.0 ethics hour.
     
  • HI CLE 1.0 including Ethics 1
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours including 1.00 ethics hour.
     
  • ND CLE 1.0 including Ethics 1
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit, including 1.00 hour of ethics credit.
     
  • NH MCLE 1.0 including Ethics 1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 64 minutes of ethics credit.
     
  • NJ CLE 1.3 including Ethics 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit. Of these, 1.3 qualify as hours of credit for ethics/professional responsibility.
     
  • NM CLE 1.0 including Ethics 1
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit, including 1.0 hour of ethics credit.
     
  • NY CLE 1.0 including Ethics and Professionalism 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Ethics and Professionalism for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0 including Ethics 1
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hour including 1.00 hour of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.0 including Ethics 1
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit, including 1.00 hour of ethics credit.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.3 including Ethics 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours, including 1.3 hours of ethics credit.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.0 including Ethics 1
     
  • Arizona CLE 1.0 including Ethics 1
     
  • CA MCLE 1.0 including Ethics 1
     
  • CT CLE 1.0 including Ethics 1
     
  • HI CLE 1.0 including Ethics 1
     
  • NJ CLE 1.3 including Ethics 1.3
     
  • NM CLE 1.0 including Ethics 1
     
  • VT CLE 1.0 including Ethics 1
     
  • WA CLE 1.0 including Ethics 1
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.0 including Ethics 1
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

John A. Snow

John A. Snow

Parsons Behle & Latimer

  • Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
  • Practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense
  • Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation, and construction
  • Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law and as a Super Lawyer in the Mountain States in Super Lawyer Magazine
  • Former Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
  • Can be contacted at [email protected] or 801-536-6772
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Why Lorman?

Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 411991
Published 2025
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