TELESEMINAR: Ethics and Tribunals: Attorney Duties when Communicating with the Courts and Governmental Agencies – A National Perspective
March 21, 2013
12:00 – 1:00 p.m.
1.00 MCLE hours, including 1.00 Professional Responsibility MCLE credit hours (PMCLE credit subject to approval)
Communications with judicial tribunals or an administrative panel can impact the outcome a case or controversy. The ethical rules governing these communications are complex – with whom may you communicate, when and in what form – and can easily lead to ethical pitfalls. Attorneys must zealously represent their clients, but to what extent can they remain silent about unfavorable facts or not disclosure certain elements of adverse law, including unpublished case law? What standards of knowledge under the ethics rules must attorneys satisfy in their communications with tribunals? And when do communications with or a relationship with the judge trigger judicial disqualification? This program will answer these and other questions, and provide you with a real world guide to the ethical pitfalls of communications with judicial and administrative tribunals.
- Ethics of communicating with judicial and administrative law tribunals
- Ethical duty to disclosure unfavorable facts v. duty not to misstate material facts
- Disclosure of adverse law, including unpublished case law
- Knowledge standard of attorneys litigating before a tribunal
- Ex parte communications with the courts
- Judicial disqualification based on relationships with litigants or lawyers, or past employment of judge
Thomas E. Spahn, McGuireWoods, LLP, Virginia
*Professional Responsibility MCLE credit subject to approval