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How to Succeed as a Trial Lawyer: Negotiating and Mediating Ethically

Level: Advanced
Runtime: 60 minutes
Recorded Date: August 20, 2019
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  • Retainer Agreements
  • Competence in Negotiating
  • Diligence in Negotiating
  • Settlement Authority
  • Negotiation Communications 
  • Client-to-Client Negotiations
  • Truthfulness in Negotiating
  • Settlement Agreements
  • Mediation
  • Consequences of Ethical Lapses in Negotiating
Runtime: 1 hour
Recorded: August 20, 2019


The successful trial lawyer takes advantage of opportunities to negotiate and mediate cases, achieving a satisfying result for the client at less expense and greater efficiency than litigating to the end of the trial and appeals. Knowing how to do so ethically is an essential skill.

This program provides ethical guidance on such issues as obtaining your client's settlement authority; representing multiple clients in settlement negotiations (e.g., what if they disagree?); representing an organization in settlement negotiations (e.g., whose authority is binding?); prohibited settlement terms; the limits to your obligation to be truthful in settlement negotiations (e.g., is puffery ethical?); ethical issues in mediation; and remedies for opposing counsel's violation of ethical rules in negotiation and mediation.

This program was recorded on August 20th, 2019.

Provided By

American Bar Association
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Stewart I Edelstein

Clinical Visiting Lecturer in Law
Yale Law School

Stewart Edelstein lives in Stockbridge with his wife, Lynn. He has been a trial lawyer for 40 years. He is the author of two books, Dubious Doublets: A Delightful Compendium of Unlikely Word Pairs of Common Origin, from Aardvark/Porcelain to Zodiac/Whiskey (John Wiley & Sons, Inc.) and How to Succeed as a Trial Lawyer (American Bar Association), as well as numerous articles in professional journals for lawyers. He is on the board of the Stockbridge Land Trust and of the Literacy Network of Southern Berkshire and has served on boards of the Greater Bridgeport Symphony Orchestra and the Fairfield Historical Society.

He is a graduate of Oberlin College (1970) and Cornell Law School (1973). He taught at Yale Law School for 20 years, and in the Spring of 2015, he taught his first OLLI course on etymology. He is a graduate of Oberlin College and Cornell Law School, where he was on the moot court team. At Stanford Law School, he completed the Advanced Course in Trial Advocacy, and at Harvard Law School, he completed the Teacher Training Program, both under the auspices of the National Institute for Trial Advocacy.

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