Scenario: You are an attorney who has a client that is involved in a contract di

Question

Scenario:

You are an attorney who has a client that is involved in a contract dispute.

The dispute has escalated into a lawsuit and your client has been named as a defendant.

You have been engaged in negotiations with opposing counsel representing the person bringing the lawsuit, known as the plaintiff.

Negotiations with opposing counsel have been somewhat difficult and frustrating. One day, you receive a call from your client informing you that the opposing counsel has contacted him directly with an offer of settlement.

How would you reach to this news? What issues do you need to address with your client? Opposing counsel? Are there any ethical issues involved? If so, what are they? How would you address them?

Explanation / Answer

Q1.
As from the opponent it has come to an offer for mutual settlement so it has to take very seriously to mitigate the contract issues between the two parties.
Q2.
The issues which are requiring are to address the contracts and its legal terms and condition so that without any rivalry or contradiction the issues can be settled and it should be on the defendant side. The negotiations on the valid conditions are required to be highlighted properly by following the law and order and in this way, conclusive measures are necessary to be obtained.  
Q3.
Opposing counsel is delivering some frustrating and difficult segmentations which have no belongings to the contract.
Yes, there are ethical issues that are involved in the negotiations.
The ethical rules of validating the contract laws are broken by the opposing party and the opposing counsel is covering the dark side in his verdict at the court session. Highly breaching activities have been performed by the opponent in the contract which is punishable as per law but the opposing counsel is not aware and in the same way commenting with some illogical frustrating judgment which is no way acceptable under the eye of law.  

Q4.
To addressing them it is necessary to make them aware of the ethical rules of the contract that were made in the agreement Performa and basis on that it should be highlighted with all the policies done before giving the contracts to them. Through this process, the case is defendant properly by the attorney and if the opposing counsel wants for mutual understanding it should be done on that basis but by following all the laws as per the agreement.

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