Lawyers have a duty to be zealous advocates for their clients. But when it comes to standing up to judges and their rulings, where is the line? Using lively examples and real cases as illustrations, this program will explore the ethical rules that govern a lawyer’s interaction with judges both in and out of the courtroom. It will also include an analysis of not only what lawyers can say to judges in the courtroom, but what they can say about them in the court of public opinion.
This course will provide a timely analysis of contemporary courtroom dynamics between attorneys and judges, as illustrated by case law, rules of professional conduct, as well as recent high-profile cases. It will discuss the modern dilemmas that attorneys face in attempting to gain the best advantages for clients, within the boundaries of applicable ethical and legal guardrails.
In this course participants will learn:
• The ethical rules that govern in-court behavior
• The duty of candor to the court
• A lawyer’s duty of civility to the court, counsel, and witnesses
• What a lawyer can say about judges outside the courtroom
• Where lawyer free speech meets ethical rules and civil liability
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