Negotiation Ethics For In House Counsel (S Cohen 04 14 11)
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This document discusses ethics in negotiation for in-house counsel. It outlines rules regarding truthfulness, disclosure of material facts, and duties of confidentiality. It also analyzes several hypothetical scenarios that in-house lawyers may face during negotiations involving issues like undisclosed contamination, misleading statements, and discovery tactics. The document emphasizes that lawyers must balance zealous advocacy with honesty, and should avoid assisting client fraud. It concludes that in-house lawyers in particular must be aware of boundaries in ethical negotiations due to their unique client relationship.
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The document provides an overview of cross-cultural negotiation. It discusses components of negotiation like strategies, processes, behaviors, and substance. It also examines individual negotiation styles like accommodating, avoiding, collaborating, competing, and compromising. Cultural differences that can impact negotiations are explored, including differences in language, nonverbal behaviors, values, and thinking processes. Specific negotiation tactics and tips are outlined. Finally, the document summarizes frameworks for understanding cultural differences like Hofstede's culture matrix and ways that culture can influence goals, communication styles, and approaches to agreements and risk.
Cross cultural communication ppt
This document discusses cross-cultural communication and dealing with cultural conflicts in the workplace. It addresses how culture shapes our identities and how misunderstandings can arise from differing cultural norms between people. The document provides strategies for reducing uncertainty when communicating with strangers from different cultures, such as passively observing, actively seeking information, or directly interacting with them. It also discusses how to resolve conflicts that arise from cultural differences and ways to prevent discrimination in the workplace.
Negotiation Skills
Provides details on how sales people can negotiate with their prospects and customers to get better deals
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Cultural issues in management in the international context
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Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
Negotiating the Ethics of Settling a Product Liability Suit
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It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structure enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. This arrangement can lead to some ethical issues should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines. This webinar looks at this leasing structure and examines the issues that may arise.
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Common ethical issues in settlement negotiations and mediations
The document discusses several hypothetical ethical issues that can arise in settlement negotiations and mediation. It addresses issues such as settling a case without client consent, negotiating with pro se parties, use of puffery and exaggeration in negotiations, complying with onerous client instructions, handling inadvertent disclosures, aggregate settlements, and restrictions in settlement agreements. The document provides analysis of the relevant ethics rules and opinions on each issue to help guide attorneys' conduct.
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The document discusses various topics related to witness preparation by lawyers. It notes that witness preparation is not directly regulated and there is little case law or scholarly literature on the topic. While lawyers have a duty to zealously represent clients, they cannot knowingly assist witnesses to testify falsely or commit perjury. The document discusses challenges around distinguishing proper witness preparation from improper coaching. It also discusses techniques used in witness preparation like "the lecture" and debates around simultaneous witness interviews. Overall, the document examines the ethical boundaries and gray areas of lawyers preparing witnesses for testimony or deposition.
Unique Ethical Issues Facing In-House Counsel
This document outlines 10 unique ethical issues facing in-house counsel. It discusses issues such as ensuring compensation complies with rules prohibiting business transactions with clients without proper disclosures and consent. It also addresses maintaining independent professional judgment, licensing requirements, developing competence in diverse legal topics, avoiding unauthorized practice of law, identifying the client, separating legal and business advice, privilege considerations, obligations to report legal and ethical violations up the corporate ladder, and resources for further guidance.
30-536 Healthcare InformaticsWeek 3 Create a Database Assign.docx
30-536 Healthcare Informatics
Week 3 Create a Database Assignment
Sample: Create a Database Assignment
Illinois has just passed a mandatory continuing education requirement for registered nurses. As the head of the nursing education department, I am interested in establishing a database for nurses employed at our institution related to their participation in continuing education.
We offer numerous programs in the traditional classroom mode at the University. We also have recently started to offer courses via our University Intranet. Nurses also take courses outside the University.
Field Name
Source of Data
Employee ID
Human Resources
First Name
Human Resources
Middle Initial
Human Resources
Last Name
Human Resources
Date of Hire
Human Resources
Nursing License Number
Nursing Office
Department (s) Employed
Nursing Office
Certification Number
University Classroom
Nursing Education
Certification Date
University Classroom
Nursing Education
CEU’s
University Classroom
Nursing Education
Certification Number
University Intranet
Automatic from Intranet
Certification Date
University Intranet
Automatic from Intranet
CEU’s
University Intranet
Automatic from Intranet
Certification Source
Other
New entry
Certification Number
Other
New entry
Certification Date
Other
New entry
CEU’s
Other
New entry
Note: In the future, it might be possible to merge the University Classroom, University Intranet, and Other into one field each for the field names of certification numbers, dates, and CEU’s .
For classroom sessions, nurses would register on-line and receive their certificates on-line. This data would automatically be entered into the data base. Then the nursing education department would only have to manually enter the outside programs. If this was the case, and the department was interested in whether or not the program was classroom, Intranet, or other, a new field could be created.
NEGOTIATION.pdf
COMMERCIAL NEGOTIATIONS seem to require a talent for deception. In simple, distributive bargaining,
when someone asks, “What is your bottom line?” few negotiators tell the truth. They dodge, they
change the subject, or they lie.1 In more complex, multi-issue negotiations, even relatively cooperative
bargainers often inject straw issues or exaggerate the importance of minor problems in order to gain
concessions on what really matters.2 In nearly all bargaining encounters, a key skill is the ability to
communicate that you are relatively firm on positions when you are, in fact, flexible —in short, to bluff
about your intentions.
The apparent necessity for misleading conduct in a process based on cooperation and co-ordination
makes bargaining deception a prime target for ethical theorizing and empirical investigation. Given the
high degree of academic interest, one would think that the investigation of deception would have
included by now a detailed look at what one of our most powerful social institutions — the ...
The Duty to Preserve and Spoliation
This is a presentation given in New York City on October 26, 2011 as part of a seminar titled "How Legal and IT Can Work Together to Avoid an E-Discovery Crisis. The presentation covered the legal aspects of the duty to preserve and the pitfalls that can happen when relevant evidence, including electronically stored information, is not preserved
Part Ii What Every Executive Should Know About Dispute Resolution
1) Litigation is costly for businesses and most cases settle before going to trial. During the litigation process, discovery allows both sides to determine boundaries for settlement negotiations.
2) Rejecting a settlement offer carries risks, as plaintiffs who turn down offers often receive less at trial. Plaintiffs were more likely to make poor choices about rejecting offers in contingency fee cases.
3) Negotiation is an important alternative to litigation for resolving disputes and should focus on interests rather than positions. Developing rapport and trust between parties can help reach a mutually agreeable solution.
April 2011 Part Ii What Every Executive Should Know About Dispute Resolution
1) Litigation is costly for businesses and most cases settle before going to trial. During the litigation process, discovery allows both sides to determine boundaries for settlement negotiations.
2) Plaintiffs who reject settlement offers often fare worse at trial, receiving smaller awards than the rejected offers. Defendants who reject settlement offers also often lose more by going to trial when they could have settled for less.
3) Negotiation is an important alternative to litigation for resolving disputes and should focus on interests rather than positions to find mutually agreeable solutions. Building rapport and trust between parties can help resolve current and future conflicts.
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CASE INFORMATIONFind a court case where the company indicated t.docx
CASE INFORMATION:
Find a court case where the company indicated they were surprised the employee charged was a fraudster (use the *KU library (Westlaw) to find the court case).
ANALYSIS REQUIREMENTS:
Based on your readings, literature, and/or the Fraud Examiners Manual analyze the case and include the following in your discussion:
What type of fraud schemes took place in this case?
Analyze the internal controls of this company for "red flags".
Identity why you think the company did not suspect this person was a fraudster and what policies would you put in place for this company to stop this fraud in the future?
WRITING REQUIREMENTS:
· 3-5 pages (not including title page, abstract, or reference page)
· Proper APA format
· Minimum of 3 scholarly sources (not including your textbook)
GRADING REQUIREMENTS:
Click on link to view grading requirements
AUGHT IN THE CROSSFIRE: THE (SUPPOSEDLY) INNOCENT ATTORNEYS WHO REPRESENT ACCUSED FRAUDSTERS
Editor's Note:This article is the second in a series calling for a more aggressive response to bankruptcy and other fraud. The first in the series was initially published in the May 2009 issue, entitled “A Call to Arms: A Bankruptcy Fraud Superfund.”
In law school, we were taught that when representing a person accused of committing a crime, we're never to ask, “did you do it?” From “innocent until proven guilty” to “representation for all,” the axiom was not to know whether the client “did it,” but instead to protect the rights of the accused, even if they did do it. While this ideology is arguably consistent with the will of our forefathers, recall that the context is criminal defense. What's more, the ideology is not without obvious limits in its application, criminally or civilly. Based on my personal experience, many civil lawyers honor the principle of “don't ask, don't tell” to an extreme--and in so doing, have exceeded the limits and crossed the boundary line of ethical conduct.
Before digging too deep into the ethics, though, let's consider a particular criminal defense attorney. The case was an involuntary bankruptcy under §303, and my creditor client successfully obtained the appointment of a gap trustee, more elusive than The Loch Ness Monster herself. The gap trustee and my client then secured an ex parte order for an unannounced inspection of the target's offices. After forcing the target and his staff out the door for a spell, the target hurriedly brought in both bankruptcy and criminal defense counsel. At the conclusion of the hearing that resulted in the denial of a motion to reconsider the judge's order to allow the inspection, the just-hired criminal defense counsel quipped in the hallway outside the courtroom, “sheesh, I guess you guys don't have due process in bankruptcy courts.”
Well, yes, as a matter of fact we do, but when counsel starts going on about how innocent his client is, how we're “making a big mistake” because his client has no money and that.
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)
This webinar provides an overview of the Federal Rules of Civil Procedure. It discusses how a civil case is initiated through filing a complaint and serving the defendant. It also covers motions to dismiss, discovery procedures, summary judgment, and other pre-trial and trial processes governed by the Federal Rules. The panelists are experienced litigators who provide context and real-world perspectives on the Rules. The webinar is part of a series aimed at refreshing attorneys on civil litigation fundamentals.
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This document provides an overview of alternative dispute resolution and litigation for business executives. It discusses three key points:
1. Uncertainty from disputes can damage a company in many ways such as making lenders less likely to lend. It is difficult for executives to separate disputes from their personal and professional roles.
2. Most civil lawsuits settle before or during trial to avoid high costs and uncertainty. Effective pre-trial discovery is important for determining settlement parameters.
3. Studies show that plaintiffs who reject settlement offers usually fare worse financially at trial, while defendants who reject offers risk much larger losses if they receive an unfavorable verdict. Trials are high-risk gambles for both sides.
Economic Loss
In the case of McHale v Watson, the court considered whether a 12-year-old boy should be held to the standard of care of an adult or a reasonable child when determining negligence for throwing a metal object that hit and injured the plaintiff. The majority dismissed the appeal, finding that the trial judge correctly applied the standard of a reasonable child of the same age, intelligence and experience. However, one dissenting judge believed the objective standard of a reasonable person should apply, and that the boy's actions met the standard of negligence even if that of a reasonable child applied.
NEWBIE LITIGATOR SCHOOL - Part I 2022 - The Federal Rules of Civil Procedure
Has it been 10 years since you took Civil Procedure in law school? Are you a business owner that’s been sued for the first time? How does litigation really move through the Federal Courts? This webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. By the end of the hour, the listener will have a clear understanding of how a case is initiated, how defendants and issues are brought into the case, and the required pre-trial steps. We also touch on settlement procedure and trial practice. Join us to hear one of the cornerstone law school classes condensed into a brisk and engaging hour-long discussion.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- PART 1 2022
See more at https://www.financialpoise.com/webinars/
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This document provides litigation tips and strategies for attorneys. It discusses the importance of having a clear end goal and theme in mind from the start of a case. It offers tips for developing claims, using Rule 202 depositions to investigate potential claims, and document management strategies. The document also discusses case preparation, developing an effective theme and theory, avoiding distractions, crafting an impactful opening and closing argument, and using various presentation tools and exhibits to engage the jury throughout trial.
16th Annual Professional Responsibility Seminar
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Negotiation Ethics For In House Counsel (S Cohen 04 14 11)
- 1. Negotiation Ethics for In-House Counsel Stephanie Cohen April 14, 2011 BOSTON // HARTFORD // NEW YORK // NEWARK // STAMFORD // PHILADELPHIA // WILMINGTON
- 3. The Preamble to the Model Rules of Professional Conduct “ As a negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others.”
- 4. Rule 4.1 Truthfulness in Statements to Others “ [A] lawyer shall not knowingly: (a) make a false statement of material fact or law to a third person;”
- 5. Rule 4.1, cont’d “ [A] lawyer shall not knowingly: (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client ….”
- 15. The Dishonesty Rule Model Rule 8.4, often referred to as the “dishonesty rule,” makes it a violation of the rules for an attorney to break, or assist another in breaking, a rule, committing a criminal act, or engaging in fraud, dishonesty, or deceit.
- 29. Thank you. Stephanie Cohen McCarter & English, LLP BOSTON // HARTFORD // NEW YORK // NEWARK // STAMFORD // PHILADELPHIA // WILMINGTON [email_address] 973.639.2026