Litigation Ethics: Rules, Real Stories, and Regrets
The trial experience is much more comprehensive than those “Perry Mason” moments you see on TV. True signs of professionalism include properly preparing your client including the advisability of pursuing claims, communicating all events honestly, and observing all the rules of law and ethics. This course is based upon true stories of lessons learned by lawyers in the course of litigation that are cautionary, practical, and sometimes entertaining. These lessons include:
- Addressing conflicts which suddenly arise
- Clients whose expectations exceed reason
- Relationships with opposing counsel
- Conduct during settlement discussions
- The dangers of interacting with pro se parties
- Clients who lie
- Lack of candor with a judge which morphs into misrepresentation
- Spoliation of documents – intentional and accidental; and
- Improper disclosures of confidential information.
There are interesting analyses, practical answers, and as always, great ethical guidance in this course.