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2H 2022 𝐑𝐞𝐥𝐞𝐚𝐬𝐞 𝐇𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭𝐬 : 𝐒𝐀𝐏 𝐒𝐮𝐜𝐜𝐞𝐬𝐬𝐅𝐚𝐜𝐭𝐨𝐫𝐬 𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐂𝐞𝐧𝐭𝐫𝐚𝐥
Lets celebrate Employee Central 2H 2022 release, let’s look at some of the most interesting features and changes introduced since last release.
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https://blogs.sap.com/2022/10/29/sap-successfactors-employee-central-2h-2022-release-highlights/
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She was clearly using it loosely. It’s puffery. You’re
overthinking this. Just write back to her and with a specific amount in writing to confirm by writing back you understand her offer is $____, and you’ll communicate it to the client and will revert back once you have an answer. It’s really that simple.
I don’t think it’s an ethical dilemma. I think it’s just an expression in common English not an exact meaning. You can tell your client she offered to “split the difference,” tell them the amount offered, and point out that it isn’t anywhere near the mid point, but I wouldnt even bother to do that unless it makes you feel better. There really is no ethical issue here. Are you a newer lawyer?
Not an ethical issue, just an expression they were using. I see it all the time
Maybe it’s a regional thing, but I’ve never had anyone use that phrase when meaning anything other than the midpoint. I mentioned it to a partner in my office and she had the same reaction that I did 🤷🏻♀️
Loosely. Agree to actual number and disregard phrase.
Pro
She thinks the number she proposed is the midpoint and is advocating for her client. You have to correct her to show your client you are advocating for them. Not correcting her would be problematic. I have a case over a marital home now and opposing counsel’s 50% is more than mine because I want as many credits for my client to lower the amount of the buy out for the wife. We argue about numbers all the time. You have to correct her.
I’d probably overthink this too and ask for the offer in writing, or email saying “confirming our phone call where your client offered x- I will pass along to my client.” And not use the midpoint term in writing. At that point it’s on OC if they don’t immediately correct it
Are you the plaintiff or defendant? Either way, I’d present to my client what OC said in full, see which one works best for client and then go back with the response your client wants. I wouldn’t have OC clarify. If they made a mistake, your response will point it out to them.
You don’t have an obligation to her, you have one to your client. So if her interpretation harms your client, I would point it out — tell her you like the idea, but actually splitting the difference would be a different number. If her interpretation benefits your client, then don’t say shit.