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Table Of Contents

Section 1Preface
Section 2Settlement Negotiations Generally
2.1The Purpose of Settlement Negotiations
2.2Duty of Competence
2.3Duty of Fair-Dealing
3.1The Client’s Ultimate Authority Over Settlement Negotiations
3.1.1Prompt Discussion of Possibility of Settlement
3.2.1Acting Within the Scope of Delegated Authority
3.2.2Revocability of Authorization to Settle
3.3.1Adherence to Ethical and Legal Rules
3.3.2Client Directions Contrary to Ethical or Legal Rules
3.3.3Disagreement With or Repugnant Client Strategies
3.4Clients With Diminished Capacity or Special Needs
3.5Multiple Clients Represented by the Same Counsel
3.6Class Actions
3.7Clients With Insured Claims/Dealing with Insurers
3.8Organizational Clients
4.1Representations and Omissions
4.1.1False Statements of Material Fact
4.2Agreements with Opposing Parties Relating to Settlement
4.2.2Provisions Relating to the Lawyer’s Fee
4.3Fairness Issues
4.3.1Bad Faith in the Settlement Process
4.3.2Extortionate Tactics in Negotiations
4.3.3Dealing With Represented Persons
4.3.4Dealing with Unrepresented Persons
4.3.5Exploiting Opponent’s Mistake
TABLE A ABA Model Rules of Professional Conduct2
TABLE B ABA Model Code of Professional Responsibility3
TABLE C The Restatement (Third) of the Law Governing Lawyers
TABLE D ABA Formal and Informal Ethics Opinions
INDEX
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