Ethical Boundaries for Litigators

Synopsis

This program addresses the differences between zealous advocacy, sharp practice and misconduct and the implications of each. The speakers will discuss real life hypotheticals that will assist attorneys in managing problems that actually arise in and outside the courtroom. Some of the areas that are discussed include: using evidence and presenting testimony that may be deemed suspicious; using subterfuge to investigate a case; forcing a settlement without crossing ethical lines; avoiding conflicts that could jeopardize your representation; and protecting your fees in litigation.



Outline
I. Addressing Ethical Boundaries
    A. Introductions
    B. Ramifications of Improper Conduct
    C. Disciplinary Committee Proceedings
        1. Reciprocal Proceedings
        2. Collateral Estoppel Proceedings
        3. Criminal Contempt
    D. Managing Difficult Clients
        1. What the Rules Say
        2. Dishonest Clients - What Can You Do?
    E. Law Firm Exposure
        1. "Management" Responsibility
        2. The Associate's Responsibility
    F. Discovery Abuse
        1. Who Does It?
        2. What Is Discovery Abuse and What Can You Do About It?
    G. Audience Discussion 
    H. Hypothetical I
        1. Professional Courtesies vs. Zealous Representation
        2. Adjournment Discussed
        3. Lessons Learned
    I. Hypothetical II
        1. Rambo Tactics
        2. False Statements
        3. Embarassment Tactics
     J. Hypothetical III
        1. Perjury on the Court
        2. Dealing With Correcting a False Deposition
    K. No Facts to Support a Case
      

 



Content Provided
By




 

The Association of the Bar of the City of New York

The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city’s lawyers addressing those improprieties. It called for the creation of a new bar association to “sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ....” More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a “gateway” to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members’ needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association’s highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers’ Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York’s neediest and uses novel approaches to address them, often involving community participation.





Speakers / Authors:

Photo of Richard M. Maltz

Richard M. Maltz
Frankfurt Kurnit Klein & Selz LLP

Richard M. Maltz is counsel to our Legal Ethics and Professional Responsibility Group and he has more than 23 years of experience in the professional responsibility field. He represents lawyers in disciplinary matters and lawyers and law firms in partnership disputes. He also handles litigation involving professional responsibility issues, fee disputes, law firm disputes, disqualification, sanctions, and problems in the admission process for law graduates. He was recently recognized by Best Lawyers in America as one of the top attorneys in his field.

Mr. Maltz served two years as First Deputy Chief Counsel (1998-2000) and nine years as Deputy Chief Counsel (1989-1998) for the Departmental Disciplinary Committee for the Appellate Division, First Judicial Department. Prior to joining the Committee, Mr. Maltz handled both criminal and civil litigation.

Currently, Mr. Maltz is a member of the New York State Bar Committee on Professional Discipline and the New York City Bar Professional Responsibility Committee. He was creator and Chair of the New York State Trial Lawyer’s Ethics Committee.

Mr. Maltz is a former Chair of the Professional Responsibility Committee of the New York City Bar (2002-2005) and former Chair and then Co-Chair of the Ethics Committee of the Westchester County Bar Association. He served as a member of the New York County Lawyers’ Ethics Institute and was appointed to the New York State Bar Advertising Task Force. He was also former Chair of the Briarcliff Manor Ethics Board, as well as a former Referee for the Judicial Conduct Commission.

Mr. Maltz has been certified to teach an ethics CLE course by the New York State Continuing Legal Education Board and he lectures often on disciplinary and ethical issues for New York State, City, and County Bar associations and for private law firms. He has taught professional responsibility at Benjamin N. Cardozo School of Law, and has published articles in the New York Law Journal, New York State Bar Journal, and Georgetown Journal of Legal Ethics. He has also acted as an ethics expert. 

Photo of Nicole Hyland

Nicole Hyland
Frankfurt Kurnit Klein & Selz LLP

Nicole Hyland is counsel to the Litigation Group and Professional Responsibility Group. She handles a wide variety of cases, including legal ethics and malpractice matters, entertainment industry disputes, intellectual property cases, commercial business and contract disputes, and securities lawsuits and arbitrations. Ms. Hyland counsels lawyers and law firms on their professional responsibilities and represents defendants and plaintiffs in legal malpractice cases. She regularly conducts CLE presentations on legal ethics and professional responsibility. Ms. Hyland currently serves as the News Editor of Entertainment Law Matters, a Frankfurt Kurnit blog about disputes and developments in the film, television, publishing, theatre, music, art, gaming, and fashion industries.

Ms. Hyland is a member of the Association of Professional Responsibility Lawyers (APRL) and serves on the Ethics Committee for the Association of the Bar of the City of New York (ABCNY). She is a member of the American Bar Association, New York State Bar Association, ABCNY, and the New York Women’s Bar Association. 

Ms. Hyland graduated with honors from Fordham University School of Law in 2002, cum laude, Order of the Coif, where she was notes and articles editor of the Fordham Law Review. She participated in Fordham’s Justice and Welfare Clinic, representing Welfare recipients in connection with benefit claims and housing matters. She graduated from Columbia University with a B.A. in 1990, where she was active in student government.

Photo of Katie M. Lachter

Katie M. Lachter
Hinshaw & Culbertson LLP

Katie M. Lachter focuses her practice primarily in attorney professional responsibility and risk management. In addition, she has substantial experience as a commercial litigator, with particular emphasis in the area of white collar criminal defense. Ms. Lachter has represented clients in matters before the SEC, FINRA and other regulatory authorities.

Ms. Lachter joined Hinshaw & Culbertson LLP in February 2011. Previously she was for more than two years a senior associate with Hogan Lovells U.S. LLP, in New York. Ms. Lachter began her legal career in 2003 as a law clerk to the Honorable Bruce W. Kauffman, U.S. District Court, Eastern District of Pennsylvania. In 2004 she went to Paul, Weiss, Rifkind, Wharton & Garrison LLP. She moved to Stillman, Friedman & Shechtman, P.C. as an associate in 2007, joining Hogan Lovells in 2008.

Ms. Lachter is a member of the Association of the Bar of the City of New York (Committee on Professional and Judicial Ethics) and the Association of Professional Responsibility Lawyers (APRL). She is a faculty member at the Practising Law Institute. She is the Editor-in-Chief of the Ethics FAQ page on the Bar of the City of New York’s Ethics Committee webpage.

Ms. Lachter earned her J.D., cum laude, from Harvard Law School in 2003, where she was Editor of the Journal on Legislation, and she earned her B.A., summa cum laude, from Dartmouth College in 2000. She is admitted to practice in New York and before the Southern, Eastern, and Western U.S. District Courts of New York.

Photo of Lewis Tesser

Lewis Tesser
Tesser, Ryan & Rochman LLP

Lewis Tesser is a senior partner in the New York law firm of Tesser, Ryan & Rochman, LLP, concentrating his practice in litigation and mediation, representing licensed professionals and professional practices, administrative law and commercial law. Lew Tesser is Vice-President of the New York County Lawyers’ Association and Director of its Ethics Institute.

Prior to private practice, Mr. Tesser was an Assistant United States Attorney in the Eastern District of New York. In that capacity, he represented various agencies of the United States government in litigation in the United States District Court and United States Court of Appeals. Mr. Tesser also served as a Judge Advocate in the United States Army where he prosecuted and defended criminal cases and was the chief legal advisor to the Commanding General of the U.S. Army War College, Carlisle, Pennsylvania. He also has served as an Arbitrator for the American Arbitration Association, New York City Civil Court, a Judge for the Environmental Control Board of the City of New York and a lecturer for various Bar Associations and New York area law schools.

Mr. Tesser, who was admitted to practice in 1971, is a 1970 Honors graduate from the National Law Center, George Washington University, a Masters graduate from the Wharton Business School, University of Pennsylvania in l974, and a graduate of the Harvard Law School Program of Instruction for Lawyers.

Photo of Naomi F. Goldstein

Naomi F. Goldstein

New York First Judicial Department

Naomi F. Goldstein is a Principal Attorney in the Departmental Disciplinary Committee for the First Judicial Department. She was admitted to the Bar in New York and New Jersey in 1990 and was admitted in the Southern and Eastern Districts of New York in 1992.

She has been with the Disciplinary Committee since 1990. To date, she has represented the Committee in over 70 matters which resulted in public discipline and in numerous other matters which resulted in private discipline or dismissals. Ms. Goldstein co-chairs the Committee on Professional Discipline at the New York County Lawyers’ Association.

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Details

Course Code : 773115

Release Date: 4/26/2012 12:00:00 AM
Recorded Date: 12/6/2011
Length: 1hr 39min
Format Type: Video

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