CLE Presentation with Tom Spahn & Fall Social

Litigation Ethics: Key Issues

This interactive program uses hypotheticals to explore topics of interest to litigators (and

transactional lawyers whose clients might face litigation) -- including such issues

as: (1) lawyers' communications (including talking to the press about cases and

criticizing judges); (2) deceptive discovery tactics (including tape recording telephone

calls, and use of admittedly deceptive tactics in public interest investigations such as

housing discrimination tests, and in purely commercial investigations); (3) dealing with

fact witnesses (including the permissibility of paying fact witnesses for their time, and

preparing them for testimony); (4) claims (including "ghostwriting" pleadings, and filing

knowingly time-barred claims); (5) settlements (including acceptable levels of deception

during settlement negotiations, silence about the law and facts, and the enforceability of

settlement agreements); (6) dealing with courts (including the duty to disclose

unfavorable facts and law).