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Ethics in Litigation, Mediation and Negotiation


Level: Advanced
Runtime: 0 minutes
Recorded Date: January 01, 0001
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Agenda

  • Client confidentiality.
  • Discovery abuse.
  • Settlement confidentiality.
  • Ethics issues encountered in mediation.
  • The drama of negotiation.
  • Distinguishing between truth and half-truths.
  • For NY - Difficulty Level: Experienced attorneys only (non-transitional)

    Description

    Ethics in Litigation (Part One)

    Lawyers have 'the Code of Professional Responsibility or the Rules of Professional Conduct' - standards to which they must adhere that are set by the Supreme Court of the states in which they practice. But there are many other pieces to the 'ethics in litigation' puzzle. Join Ringler Radio host, Larry Cohen from Ringler Associates with special guest, Professor John Freeman from the University of South Carolina¿s School of Law as they tackle issues like client confidentiality, discovery abuse, settlement confidentiality and the ethical consideration for an attorney to be sure the client understands what is going on in his/her case. Freeman holds the John Campbell Chair at USC and has also testified as an expert witness and served as trial counsel in many cases that involved the subject of ethics.

    Ethics in Mediation & Negotiation (Part Two)

    Part Two: Two expert guests help sort through the very important range of ethics issues encountered in mediation and negotiation of lawsuits during settlement. Join Ringler Radio host, Larry Cohen of Ringler Associates, first with Professor Judith McKay from Nova Southeastern University in Ft. Lauderdale, FL. She is also a mediator, arbitrator, and attorney who brings insight to standards for mediation under the purview of State Supreme Courts - similar to the practice of law and should mediators put a value on a case? And join special guest, Professor Edward Conlon, Associate Dean at Mendoza College of Business at the University of Notre Dame, who is an expert in conflict management, a writer and researcher. Find out about the drama of negotiation, distinguishing between truth and half-truths and other challenges in settlement negotiations.


    Provided By

    Legal Talk Network
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    Panelists

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    Edward Conlon

    Associate Dean
    Mendoza College of Business at the University of Notre Dame

    Edward Conlon is an expert in conflict management, a writer and researcher. Find out about the drama of negotiation, distinguishing between truth and half-truths and other challenges in settlement negotiations

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    Judith McKay

    Professor
    Nova Southeastern University

    Judith McKay has a B.A. in History from The American University in Washington, D.C., an M.A. in Education with a specialty in Student Personnel Services from Kean University in New Jersey. She received a J.D. from the School of Law at Emory University in Atlanta, Georgia, where she received the ATLA Award for Outstanding Student Litigator. She received her Ph.D. in Conflict Analysis and Resolution from DCAR at NSU. Her dissertation was titled: ¿Strategic Community Planning: Using Social Cubism and Multi-Modal Theories in the Design of Community Peacebuilding Partnerships.¿

    Judith has been professionally involved in conflict resolution for 20 years as a mediator, arbitrator, attorney, negotiator, facilitator, grievance hearing officer, trainer, dispute systems designer, researcher and professor. She has consulted for private, civic, religious and community organizations, engaged in civil litigation and contract negotiations, and assisted in writing constitutions, bylaws, and grievance procedures for unions and other organizations.

    As DCAR¿s Director of Practicum and of Community Resolution Services (CRS), the department¿s own practicum site, Judith has helped launch NSU¿s Campus Conflict Resolution and Mediation Project, community mediation and facilitation services, and coordinates SHSS¿s Career Development Program. Since coming to NSU, Judith has been involved in three significant federal grants. Each grant program was funded from one to three years .All three grants represent a total of close to $900,000 in federal funding.

    Judith directed the VOICES Family Outreach Project, which assisted families struggling with conflict and violence. VOICES started as a grant from the Bureau of Justice Assistance, U.S. Department of Justice (1997-1999), and continues as a service of CRS. Judith helped coordinate a grant from the U.S. Department of Health and Human Services at the Salvation Army homeless shelter with several departments from NSU¿s Health Professions Division from 2000-2003. Currently she is the Principle Investigator for the Community Resources, Partnerships, and Solutions (CRPS) Grant from the US Department of Justice. This program is designed to work in cooperation with law enforcement, and other social service providers to address violence in the community. She sits on the Executive Committee of NSU¿s Criminal Justice Institute.

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    John Freeman

    Chair in Business and Professional Ethics
    USC School Of Law

    Professor Freeman holds the John Campbell Chair in Business and Professional Ethics. He joined the USC law faculty in 1973 after receiving undergraduate and law degrees at the University of Notre Dame and an LL.M. in 1976 from the University of Pennsylvania Law School where he studied as a Graduate Fellow in the Center for Study of Financial Institutions. Four times, the students at USC Law School have voted him the Outstanding Faculty Member award. He has received various service awards, and serves as one of the four public members on South Carolina's Judicial Merit Selection Commission.

    Professor Freeman started law practice in 1970 with the Jones Day law firm, and subsequently worked for the Securities and Exchange Commission where he served as special counsel analyzing mutual fund issues. He has taught corporate and securities law, and legal ethics for over 30 years, and has testified as an expert witness or served as trial counsel in various legal malpractice lawsuits, ethics proceedings, and investment-related cases. Professor Freeman has written and lectured extensively on ethics, malpractice and business-related matters, and writes a regular column on professionalism topics for the South Carolina Lawyer. Most recently, Professor Freeman has been addressing as a writer and commentator certain problems with the way mutual fund sponsors conduct their business.

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    Larry Cohen

    Associate
    Ringler Associates

    Larry Cohen, who has over 30 years of claims and legal experience, heads New England operations from the Boston office.

    He began his insurance claims career with the Aetna Insurance Company (CIGNA) in Philadelphia. From 1969 to 1981, he held positions as Multi-Line Claims Representative, Supervisor and Manager in the Philadelphia Regional office, Manager of the Hartford Regional office and National Director of Claims Litigation. In 1982, he was named CIGNA's Assistant Vice President, Northeast Area Claims, with responsibility for 16 regional claim offices. He joined Ringler in 1983.

    While in Philadelphia, Larry attended Delaware Law School, graduating magna cum laude in 1975. He is a member of the Pennsylvania and Connecticut Bar Associations, the National Association of Life Underwriters and the National Structured Settlements Trade Association. A Connecticut native, Larry received his bachelor of arts degree in economics from the University of Connecticut (1969).


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