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The Ethics of Bad Facts and Bad Law: Teleseminar
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6/25/2018
When: Monday, June 25, 2018
Dial-in: 12:45 PM | Program: 1:00 PM - 2:00 PM
Where: Teleseminar: WebCredenza


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CLE CREDITS:  1.0 ethics

Brought to you in partnership with WebCredenza
These telephone seminars are presented by national speakers who are experts in their areas of practice often ABA Section chairs, authors of books in their areas of practice, and heads of practice groups.

Every representation involves “bad” facts and/or “bad” law – facts and law that run counter to a client’s objectives. Ethical tensions and issues arise when a lawyer has to disclose bad facts or law to a court or administrative panel, or even to an adversary. At what point does the lawyer’s duty as a member of the bar and officer of the court require disclose even when it is adverse to a client’s interest whom the lawyer must zealously represent? What are the limits to how a lawyer may represent an adverse fact or adverse law, even unpublished law, to an adversary? Answering these difficulty questions may not only impact the outcome of a representation but potentially expose ethical sanction. This program will provide you with a practical guide to the ethical issues surrounding bad facts and bad law in client representations.

  • Lawyer ethical duties to disclose bad facts and bad law
  • Ethical issues surrounding the representation of adverse facts to tribunals and adversaries
  • Duties to disclose adverse legal precedent to courts and administrative panels
  • When is a lawyer required to disclose bad fact or law versus when they may disclose?
  • Timing issues – at what stage should adverse facts and law be disclosed?
  • Related issues of confidentiality and the attorney-client privilege
  • Ex parte communications with the courts – what’s ethically permissible, what’s not?

Faculty
Thomas E. Spahn, McGuireWoods, LLP – McLean, Virginia
Elizabeth Treubert Simon, Akin Gump Strauss Hauer & Feld LLP – Washington, D.C.

REGISTRATION FEES
MSBA Standard Member: $69   |  Non-Members: $99

HOW IT WORKS
Prior to the program or on the morning of the program, you will receive an email from the MSBA containing a toll-free telephone number to call into the program.  You will also receive a .pdf containing the materials to download to your desktop or mobile device.

HOW TO REGISTER
Members and Non-Members need to log in to see the proper registration fees.

  • Members: If you are a member of the MSBA, please sign in to receive the member rate.
  • Non-Members & Non-Attorneys: If you have attended any MSBA event in the past, you have an account with us. If you do not know your username or password, please call the MSBA. We will provide you with login credentials so you can register online.
  • If you have never attended an MSBA event: Please call the MSBA or mail or fax this registration form to register.

CANCELLATION POLICY
Full refunds will be given to those who cancel by 4:30 p.m., 5 working days prior to the program. Registrants who cancel after this deadline but prior to the program date will be charged an administrative fee of $15 per credit hour. A link to download and print the materials will be sent to those who fail to cancel in advance.

QUESTIONS? CONTACT US!
1-877-622-7554.

Maine Bar Association 124 State St. Augusta, ME 04330