You must be familiar with the saying "the worst of settlements is better than the best of judgments". That said, several parties agree to participate in the settlement conference in an attempt to find a negotiated solution to the dispute between them. The day after such a process, it sometimes happens that a party (or even their lawyer) wonders about the settlement reached: did we give in too quickly? Paid for too much money? Not enough?
At the Fonds d’assurance responsabilité professionnelle du Barreau du Québec, we sometimes receive claims relating to the services rendered by the lawyer during the settlement conference. Indeed, some clients do not hesitate to blame their lawyer for what can be described as "Tomorrow's Remorse".
In a context where participation in a settlement conference is increasingly encouraged, this training presents some suggestions in order to avoid your professional liability being engaged during a settlement conference.
For in-class training, it is currently suspended for an indefinite period due to the COVID-19 pandemic.
La conférence de règlement à l'amiable et le remords du lendemain [IN FRENCH]
To register for the training online, here is the Web-pro link to the FARPBQ catalog: https://webpro.barreau.qc.ca/formations-farpbq.html
All our Web-pro training of the FARPBQ Catalog are recognized for the three (3) hours of compulsory continuing training in ethics, deontology or professional practice.
Note By registering, you benefit from this practical solution to meet your continuing education requirements!