California's revised Rules of Professional Conduct, which go into effect on November 10, 2018, include a number of new regulations that apply in the context of civil settlement negotiations. Attorneys who engage in settlement discussions on behalf of clients should become familiar with their new ethical duties, as noncompliance can lead to discipline by the State Bar. This presentation by JAMS mediator/arbitrator, Phillip Neiman, Esq., will include an overview of the new rules and a discussion of best practices.SpeakerPhillip Neiman, JAMS Mediator and Arbitrator
Mr. Neiman has been settling high-stakes disputes as a full-time neutral for 15 years. He devotes much of his practice to securities, financial and commercial cases, with additional expertise in employment, real property, trust/estate, insurance and professional liability matters. Mr. Neiman also has extensive experience resolving disputes involving privacy torts and significant personal injuries.Discussion topics for this conversation will include:- Overview of new ethics rules applicable to settlement negotiations
- Rule 4.1: the new duty of candor
- Bluffing, puffing and lying