Ethics in the Federal Courts: Complying with Rule 11 after Twombly and Iqbal

Program Number: 2210

Program Date: 03/01/2012

Description

Rule 11(b) (3) of the Federal Rules of Civil Procedure (F.R.Civ.P.) imposes an ethical requirement that an attorney certify, after an inquiry reasonable under the circumstance, that factual allegations in federal pleadings have evidentiary support. The recent decisions by the Supreme Court in Twombly and Iqbal imposed similar obligations on attorneys, by requiring a showing of “plausibility.” Join federal litigation and bankruptcy practitioner Rob Shilliday as he explores the potential effects of Twombly and Iqbal on the ethical requirements and enforcement of F.R.Civ.P., and analyzes how the prior 1983 Amendments to the Rule may be used to predict future application of Twombly and Iqbal.

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Available in states

Arizona, California, Colorado Eligible, Florida, Georgia, Missouri, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 60-minute credit hour

State Program Numbers

Presenters


Robert Shilliday III, Esq.

Shilliday Law P.C.

Robert Shilliday III, Esq. is a shareholder and director of Shilliday Law, P.C., where his practice focuses on representing both debtors and creditors in Chapter 7, 11, and 13 bankruptcy cases, bankruptcy litigation, business reorganizations, out-of-court workouts, and other insolvency issues. Mr. Shilliday, who previously served as the law clerk for the Honorable Samuel L. Bufford, United States Bankruptcy Court for the Central District of California, during 1993 and 1994, is admitted in California and Colorado and is a member of the American Bankruptcy Institute. He frequently publishes and lectures on bankruptcy and insolvency issues and is a co-author of the Annual Survey of Colorado Law for the Colorado Bar Association.