Business Law

Business Law News 2018, Issue 4

Settlement Negotiation Ethics under California’s New Rules of Professional Conduct: Part One

Phillip Neiman, Esq.

Phillip Neiman is a mediator and arbitrator with JAMS. He devotes much of his practice to commercial cases, employment, real property, trust/estate, consumer and insurance matters, and disputes involving privacy torts and significant personal injuries. Mr. Neiman was previously CEO and General Counsel of a FINRA-registered broker-dealer.

Introduction: The High Probability of Settlement Negotiations

At some point after a civil dispute enters the legal system, opposing counsel are likely to engage in some form of discussions to resolve the case. For many attorneys, it is standard operating procedure to initiate settlement talks through direct negotiations.1 Others routinely pursue early mediation if the underlying facts of a case meet certain criteria.2

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