I’ve been negotiating a settlement on behalf of a client. OP is a major corp. we’ve gone back and forth for months, almost a year. Finally came to a final agreement and we’re reviewing for final signature. Then client is reviewing and decides they want something else modified. It’s a point of contention. OP has said no. Should I communicate this to client before pushing back against OP’s rejection of the mod?

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Yes, there’s a risk that when you push back against OP the settlement could blow up and it may not have been that big of a deal to your client. Your client should know the risks of pushing back and be the one to make the call about what they want you to do in response.

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If it's a business issue, might be better to have the client take it direct to the other business party rather than taking it through lawyers that have already fought on the issue. Sometimes business folks don't care as much as lawyers for the sake of getting the deal done, but it could leave a bad impression with the lawyer if you have to deal with them on an ongoing basis.

Sc1: good point, in my world (transactional real estate) it's pretty common for the business folks to have side bar conversations to basically get around the lawyers, or to socialize things that lawyers will eventually have to work through. I appreciate when I client is willing to have that conversation when it makes sense instead of routing everything through lawyers (some clients even defer on business decisions 🙄)

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