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Court & LawNegotiate and resolve the dispute

You sit down with the other side to settle the dispute. You choose a negotiating strategy, often one that meets some needs of every party, stay truthful, speak with a represented person only through their lawyer, never mislead an unrepresented one and leave the final decision to the client. It follows Rules 1.1, 1.3, 4.1, 4.2 and 4.3 of the Virginia Rules of Professional Conduct.

Free to start

Scenarios

  • The other party has a lawyer and calls you directly.
  • The other party has no lawyer and seems to think you are neutral.
  • A solution beyond the original claim could meet needs of both parties.

The steps

  1. Choose and carry out the appropriate negotiating strategy.
  2. Look for a solution that meets some of the needs and interests of all the parties: a problem-solving strategy.
  3. Pursue vigorously the client's interest in reaching a solution that satisfies the interests of all parties.
  4. Make no false statement of fact or law to the other side.
  5. Correct any false statement you know the client, or someone acting for the client, has made.
  6. Do not communicate about the matter with a person you know is represented by a lawyer in it, unless that lawyer consents or the law authorizes it, even if the person starts the contact.
  7. If you learn during a conversation that the person is represented, end the communication immediately.
  8. With an unrepresented person, do not state or imply that you are disinterested, and correct any misunderstanding of your role.
  9. Give an unrepresented person whose interests may conflict with the client's no advice other than to secure counsel.
  10. Before reaching an agreement, review all important provisions with the client; whether to accept the settlement is the client's decision.

Safety rules that stop the station

  • Never fail to disclose a fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client.

To pass

  • The negotiation follows a strategy and looks for a solution that serves all parties.
  • Every statement to the other side is truthful.
  • Represented persons are reached only through their lawyer, and unrepresented persons are not misled.

Official source

Virginia State Bar · Rules 1.1, 1.3, 4.1, 4.2 and 4.3

Virginia Rules of Professional Conduct

Rules 1.1, 1.3, 4.1, 4.2 and 4.3 of the Virginia Rules of Professional Conduct, with the official comments, published free by the Virginia State Bar.

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