Convincing Clients Not to Sue: Advocacy & Negotiation Techniques to Avoid Litigation
Created on December 18, 2020
In popular media, all lawyers are litigators, and all litigators want to go to trial. Oftentimes, clients wait to call an attorney until a situation is so extreme that they are convinced that they must immediately file a lawsuit in order to be made whole. But good lawyers know there are many reasons to avoid litigation - the cost, the time, the damage to relationships, and more. A great deal of litigation practice is spent avoiding the courtroom - through negotiations, arbitrations, administrative hearings, disciplinary proceedings, and probate chanceries.
This program, taught by Luke Young, will look at the role of the lawyer as an advocate and counselor when considering litigation as an option, with suggestions for alternate avenues when a full-blown lawsuit is not appropriate for a client's time, budget, or personal well-being.
- Discuss the cost of litigation in time and money
- Analyze the psychological effect of litigation on dispute resolution
- Review common alternative dispute resolution strategies and when they are appropriate
- Review Model Rules of Professional Conduct sections regarding advocacy, the lawyers as a counselor, and in negotiations
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