Professional Responsibility in Litigation
Professional Responsibility in Litigation

Professional Responsibility in Litigation

Paperback(Second Edition)

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Facing numerous professional responsibility challenges, trial and appellate lawyers must handle significant problems that can arise suddenly or in difficult circumstances. Written by experienced trial and appellate lawyers, this updated edition focuses on the responsibilities of practicing lawyers. Organized as an anthology with chapters that trace the life of a lawsuit from start to finish, each chapter covers a key aspect of litigation in depth. It begins with an examination of the professional responsibility issues attending pre-suit investigations and the initiation of litigation, and concludes with a discussion of the professional responsibilities unique to appellate lawyers.

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.

Product Details

ISBN-13: 9781634254410
Publisher: American Bar Association
Publication date: 08/01/2017
Edition description: Second Edition
Pages: 953
Product dimensions: 7.00(w) x 10.00(h) x 1.90(d)

About the Author

Douglas R. Richmond is Managing Director in the Professional Services Group of Aon Risk Solutions in Chicago, IL, where he consults with Aon’s 275+ large law firm clients on professional responsibility and liability issues.
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 Contents

Table 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

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