Ethical Considerations and Best Practices for Navigating and Evaluating Litigation Settlements
Created on December 17, 2020
One of the biggest challenges facing clients and counsel today is navigating the settlement process during high-stakes, complex litigation and/or class actions. This course, presented by Wyatt Partners (a corporation that focuses exclusively on evaluating both legal spend and litigation settlements), will specifically focus on the applicable Rules of Professional Conduct and related case law analysis that attorneys must consider when valuing a settlement and determining whether to settle.
The program delineates the applicable ethical rules and related case law, analyzes the factors outlined in same (particularly with regard to reasonableness). Based on this analysis, the faculty share what must be included in settlement agreements, who the necessary key players are, and what the required approvals are for settlements. This course will be of value to both law firms and corporations, and in-house and outside counsel, who will benefit greatly from such insights on a timely and evolving topic that affects everyone in today's legal and business market.
Identify the critical factors and risks to be considered when determining whether to settle, particularly as they relate to the applicable Rules of Professional Conduct (notably Rule 1.5(a)), related case law, and additional issues for consideration
Based on this ethical analysis and other substantive considerations, discuss the identification and necessary involvement of key players in the process; necessary content; and parameters of the ultimate Settlement Agreement
Discuss the process for approvals of the settlement; potential impact of insurance coverage on the settlement; and potential for payment of reasonable attorneys' fees/costs when evaluated under the Rules of Professional Conduct
Identify and evaluate other values that may impact the value of the settlement, relating to both ethical and other considerations
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