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Walking the Line: Settlement Negotiation Skills and Ethics

Balancing Ethical Duties and Strategic Negotiation Tactics in Settling Civil Cases.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Mar 29, 2025

What You'll Learn

  • check_circleUnderstand the ethical duties of attorneys during settlement negotiations.
  • check_circleIdentify and mitigate risks associated with bad faith negotiations.
  • check_circleCompare and contrast the strategic benefits of mediation versus direct negotiations.
  • check_circleExplore the ethical implications of using high-low agreements and arbitrations in settlements.

About This Course

Settlements are an important part of most cases, as the majority of cases settle at some point before a verdict. Attend this CLE and gain valuable insights into the practical and ethical considerations of settlement negotiations from experienced plaintiff's and defendant's attorneys, and learn about the delicate balance between zealous advocacy and negotiating in good faith.

Topics List:

  • Ethical Duties in Settlement Negotiations
  • Bad Faith Negotiations: Identification and Consequences
  • Mediation vs. Direct Negotiations: Strategic Considerations
  • Establishing Trust in Negotiations
  • Ethical Use of High-Low Agreements and Arbitrations
  • Communication and Disclosure Obligations to Clients

Course Content

1 activity • 1 videos • duration: 1h 24m

  • videocamWalking the Line: Settlement Negotiation Skills and Ethics
    Duration 84:41

Your Instructors

NYS Academy of Trial Lawyers

menu_book321 courses
star625 reviews

The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Andrew J. Smiley, Esq.

Attorney at Smiley & Smiley LLP

Andrew is the lead trial attorney for Smiley & Smiley, where his practice focuses on significant personal injury, medical malpractice and wrongful death. Andrew is a graduate of Brooklyn Law School. He served as Academy President in 2017–2018 and is also a Past President & Board Member of the New York City Trial Lawyers Alliance. He hosts The Mentor, Esq., a podcast for lawyers.

Kenneth R. Lange, Esq.

Partner at Goetz Schenker Blee & Wiederhorn

Kenneth is a Partner at Goetz Schenker Blee & Wiederhorn. He is an experienced trial attorney and defense litigator, handling insurance-related personal injury, commercial, and insurance coverage cases, including bad faith claims, from inception through trial and appeals in both federal and state courts. He earned his JD from St. John's University School of Law and has repeatedly been named to the New York Super Lawyers list for coverage counsel.

Credit Information

What Students Are Saying

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Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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