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Ethics in Drafting Claims

March 29, 2019 @ 12:00 pm - 1:00 pm

Handout Materials will be emailed to you prior to the seminar

1.0 MCLE Credit Hours, including one hour of ethics MCLE Credit Hours

• 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