How to Discuss Settlement in Your Fee Agreement

When handling a dispute, make sure that your fee agreement covers settlement. Here’s some sample language to get you started. Continue reading

Settlement: It’s Not All About Money

ThinkstockPhotos-543045702When it comes to settlement negotiations, money is usually not the entire picture. Parties generally have more than just cash to offer; it’s a question of coming up with the right combination of incentives. Continue reading

How to Make Your Negotiations More Efficient

ThinkstockPhotos-179694134Conducting settlement discussions without an agenda is like driving to an unfamiliar destination without a map: It’s possible, but not very efficient. If time and professionalism are valuable to you, conduct your negotiations with an agenda. Continue reading

How to Guard Information During Negotiation

186300420If you’ve prepared well for a settlement negotiation, then you’ve already determined what information you won’t disclose to the other side. The trick is guarding that information in a way that doesn’t tip-off the other side to the fact that you’re being evasive. Continue reading

When Settlement Pits Client Against Attorney

482228991Settling a case that involves potential court-awarded attorney fees raises a big issue—a conflict of interest between plaintiffs’ counsel and their clients. But it’s definitely possible for plaintiffs’ attorneys to deal with this sticky situation with their ethical duties intact. Continue reading

Loose Lips On Social Media Sunk Settlement

slam_90250057In a recent Florida case, the plaintiff lost $80,000 of settlement proceeds he had received on his employment discrimination claim after his daughter spilled the beans on Facebook. Breaching the confidentiality clause in a settlement agreement—and getting caught at it—is frighteningly easy in the age of social media. Continue reading