Selective "Ethics in Litigation" from the Clients Perspective

23 Jun , 2025

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Our panel has selected six areas of ethical issues which are typically faced by trial lawyers particularly in the personal injury and insurance fields.  They will review these areas, comment on what to look for when they emerge, and how to avoid crossing the line of ethical impropriety.  They will also comment on why these are troublesome areas for some lawyers. Included will be these topics:

Issues re solicitating and “signing up” a client:   

ABA Model Rule (“MR”) 7.3. Comment [1]. 

“A lawyer’s communication is not a solicitation if it is directed to the general public, such as through a billboard, an Internet banner advertisement, a website or a television commercial, or if it is in response to a request for information or is automatically generated in response to electronic searches.” 

. • Issues re Preparation of Client for Testimony.

ABA Formal Opinion 508 (8/24) 

 • Issues re Dealing with Independent Witnesses

See ABA Model Rule 1.4, 1.6, 3.3. 

 • Issues re Use of “AI” in Research and Briefing 

See ABA Model Rule 1.1. 1.3.

 • Issues re Representations in Mediation

See ABA Model Rules cited above. 

  • Issues re Representation to the Court and Counsel

See ABA Rules cite above, and 3.1, 3.2. 

The emphasis will be on how counsel in litigated matters should be guided by the ethical rules in representing a client, and the limitations and restrictions that must be followed to comply with the those that guide us in these matters. The panelists will also add their view about how counsel should conduct themselves, and what “common sense” advice they have for ensuring that you properly follow the “rules.”? They will also alert you to “gray areas” where counsel can tread on the line of breaching these principles, so that you can void that breach.? This will be a candid discussion which will help you avoid unwittingly being in a compromising position where a rule violation might occur. 

 

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