Ethical Considerations in Litigation and ADR and Ethics Update

Advocacy and zealous representation of clients can sometimes create challenging or conflicting situations. This program will explore the ethical boundaries of those situations and will give practical tips on dealing with them. Several hypotheticals will be discussed with audience participation encouraged. Topics that may be discussed include:

• Providing timely, competent legal services (RPC 1.1)
• Ex Parte Communications CJC 2.9 and RPC 3.5(B)
• Conflicts of Interest RPC1.7 and 1.8
• Dealing with and representing a client with diminished capacity or language barrier
• Candor toward the Tribunal RPC 3.3 and 3.5
• Truthfulness toward third parties RPC 4.1
• Good faith and fair dealing in negotiation
• Puffery
• Attorney duties to inform clients RPC 1.4
• Mediation and Arbitration ethical issues
• Fees and billing pitfalls
• Ethics case law update

• Ann T. Marshall, Esq.
• Comm. Eric B. Watness (Ret.)