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Monday, February 25, 2019, 2:30-3:30pm

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  • What are the limits to how a lawyer may represent an adverse fact or adverse law, even unpublished law, to an adversary?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 provides 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?

Click on the "In Depth" tab for tuition and speaker information.

Product Information
Date Presented:
February 25, 2019 2:30 PM Eastern
1 hour
Registration Fee:
The Ethics of Bad Facts and Bad Law | Live Replay from June 25, 2018 | Phone/Audio Streaming

All Attendees: $80

Early discount and CLE Premier Pass rates are not available for this program. 

Speaker Information
Elizabeth Treubert Simon   [ view bio ]
Thomas E Spahn  [ view bio ]
Individual topic purchase: Selected
NC State Bar
Ethics/Professional Responsibility: 1.00
CLE Premier Pass