March 2019
Friday, March 29, 2019
Ethics in Drafting Claims
Topics to be covered:
- Duty to investigate client facts before filing a claim v. duty to investigate the law
- Conflicting approaches of ethics rules and the courts to sanctioning ghostwriting in litigation
- Understanding when you are required to be candid and when you are allowed to be silent, or engage in “puffery”
- Ethics tension between duty of loyalty to client and duties as officer of the court
- Ethics of serving unenforceable subpoenas in the hope of obtaining witness cooperation
- Ethics in settlements – silence about facts, the law, mistakes in settlement documents, and the death of witnesses
- Enforceability of settlement agreements and ethics challenges
Faculty: Thomas E. Spahn, McGuireWoods, LLP