Ethical Issues in Litigation Practice
Program Number: 2429
Presenter: Bruce R. Kelly, Esq.
Bruce Kelly, Arnold & Porter LLP litigation partner, covers issues that repeatedly arise in litigation practice, focusing on the relevant New York ethical rules and their counterpart rules in the ABA Model Code of Professional Responsibility. The topics and rules to be covered include: conflicts, waivers, and termination of the attorney-client relationship in the litigation setting (Rules 1.7, 1.9, and 1.16); dealing with employees when litigation counsel represents the employer (Rule 1.13); the duty of candor to a tribunal and the problem of falsely testifying witnesses and clients (Rule 3.3); trial publicity (Rule 3.6); the lawyer as witness (Rule 3.7); contact with unrepresented parties and the emerging problems arising from use of social media (Rule 4.3); special limitations on solicitation in personal injury cases (Rule 4.5); unauthorized practice of law in a multijurisdictional practice environment (Rule 5.5); problems that arise in the context of settlement (Rule 5.6); and reporting violations by others (Rule 8.3).