Business Law

Business Law News 2019, Issue 2

Settlement Negotiation Ethics for Attorney-Advocates under California’s New (2018) Rules of Professional Conduct: Part Two

Phillip Neiman, Esq., JAMS

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.


Formally, California defines ethical conduct for lawyers in the context of rule-compliance. The supreme court made this clear in 2014 in its letter to the State Bar establishing a second new commission to rewrite the Rules of Professional Conduct.1 The court instructed the Bar to "avoid incorporating the purely aspirational or ethical considerations that are present in the [ABA] Model Rules and Comments."

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