TELESEMINAR: Ethics in Claims and Settlements: Frivolous Claims, Ghostwriting Pleadings, Settlement Authority and More – A National Perspective
October 30, 2012
12:00 – 1:00 p.m.
1.00 MCLE hours, including 1.00 Professional Responsibility MCLE credit hours (PMCLE credit subject to approval)
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 a 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.
- Ghostwriting claims and pleadings – how far can you go in helping a litigant when you are not counsel of record?
- Conflicting approaches of ethics rules and the courts to sanctioning ghostwriting in litigation
- Frivolous factual and frivolous legal claims – understanding the differences and ethics issues in each
- Ethics of serving unenforceable subpoenas in the hope the recipient will think its enforceable and cooperate
- Ethics in settlements – silence about facts, the law, mistakes in settlement documents, and the death of witnesses
- Enforceability of settlement agreements and ethics challenges
Thomas E. Spahn, McGuireWoods, LLP, Virginia