The law in this area is dynamic, especially regarding the emerging areas of electronic communication and electronically stored information. The chapter on the ethics of e-discovery has been completely revised to address the many ways that this area has changed, including the increasing role of social media in litigation and the nuanced professional responsibility issues it poses. In addition, key issues are examined, including:• Pre-suit investigation• Co-counsel and referral relationships• Surreptitious investigations and discovery• Ex parte communications• Receipt and release of confidential information• Expert witness conflicts of interest• False testimony• Lawyers as witnesses; and moreThe ABA's Model Rules of Professional Conduct have served as the standard for the sake of practicality and uniformity. Professional responsibility is a dynamic subject, and answers to thorny questions often pivot on the facts and variations of state law. Accordingly, this updated edition provides ample citations to authority--principally cases and ethics opinions--to assist readers in their own research.
|Publisher:||American Bar Association|
|Edition description:||Second Edition|
|Product dimensions:||7.00(w) x 10.00(h) x 1.90(d)|
About the Author
Brian S. Faughnan practices law in the Memphis, Tennessee office of Lewis Thomason, where he focuses on the areas of legal ethics and lawyers’ professional responsibility and maintains a civil litigation practice focused on complex commercial litigation, appellate litigation, and media law.
Michael L. Matula is a shareholder in the Kansas City, Missouri, office of Ogletree Deakins Nash Smoak & Stewart, P.C., a national labor and employment law firm. He concentrates his practice in employment litigation and counseling, and has represented employers in a wide variety of aggravated and complex litigation.
Table of ContentsTable of Contents
Preface to the Second EditionChapter 1: Pre-suit Investigation and the Pursuit of Frivolous Claims Chapter 2: Co-counsel and Referral Relationships Chapter 3: Lawyers’ Litigation Privilege Chapter 4: Surreptitious Investigations and Discovery Chapter 5: Compensating Fact Witnesses Chapter 6: Ex Parte Communications: Critical Concerns for Lawyers Chapter 7: The Receipt and Release of Confidential Information Chapter 8: The Ethics of E-discovery Chapter 9: Expert Witness Conflicts of Interest Chapter 11: Candor to the Tribunal Chapter 12: False Testimony by Clients and Witnesses Chapter 13: Lawyers as Witnesses Chapter 14: Professional Responsibility and Liability in Negotiations Chapter 15: Ethics on Appeal Table of Cases Index