May 2019
Friday, May 31, 2019
Ethics and Dishonest Clients
Topics to be covered:
- Tension between the duty of confidentiality and the duty to be honest in communications
- Determining whether a client is lying – active v. passive, fact v. opinion, affirmative statements v. silence
- Unknowing attorney representations to others on basis of client dishonesty
- Duties of disclosure and to whom – the tribunal, third parties?
- Mandatory and permissive withdrawals from a case, including “noisy” withdrawals
- Ethical issues when dishonesty is discovered in closed matters
Faculty: William Freivogel, Freivogel on Conflicts – Chicago and Brian S. Faughnan, Lewis Thomason, PC, Memphis, TN