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Ethics in Claims and Settlements (Teleseminar)
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Ethics in Claims and Settlements (Teleseminar)

1 CLE hour, including 1 Ethics hour

12/1/2015
When: 12/01/2015
1:00 PM to 2:00 PM
Contact: (404) 521-0781


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One-hour CLE programs are just a phone call away
Convenient, affordable, timely and informative
An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

 
1 CLE hour, including 1 Ethics hour
 

From filing a claim to settlement, litigation can involve many gray ethical areas.  How valid is a claim factually or legally, and at what point is it so frivolous that you are acting improperly to pursue it?  Must you investigate the facts presented to you by a client before filing a claim?  When you are not counsel of record – and perhaps do not want to be involved with the case – how far can you going in ghostwriting a claim or pleadings?  At what point is your help of someone else improper deception?  In the same say, what’s the line separating legitimate jockeying for position in litigation versus improper deception in settlement?  Exactly how much of what you know about the facts or the law or the status of witnesses are you required to share with opposing counsel?  These and related questions will be examined in this program on ethical issues in frivolous claims, ghostwriting in litigation, and settlements.

Ethics in drafting claims and pleadings – and in settlement negotiations
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

Speakers:

Thomas E. Spahn
is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

Elizabeth Treubert Simon is of counsel in the Washington, D.C. office of Vorys, Sater, Seymour and Pease LLP, where the primary focus of her practice is the defense of attorneys and other professionals, trademark and copyright infringement litigation and insurance coverage litigation. She also provides counsel to insurers regarding insurance coverage and counsels clients regarding professional ethics and attorney disciplinary procedures.  Ms. Simon is a member of the Committee on Professional Discipline of the New York State Bar Association and the District of Columbia Legal Ethics Committee.  She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School

 

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