Legal Ethics in International Practice. Andrew Melsheimer Thompson & Knight LLP
|
|
- Reynard Nash
- 8 years ago
- Views:
Transcription
1 Legal Ethics in International Practice Andrew Melsheimer Thompson & Knight LLP
2 Needs natural gas to feed chemical plant
3 Has excess natural gas Photo by Tod Baker, available at flickr.com
4 Let s make a deal!
5 New York, New York Arbitrate in New York City Apply New York law
6
7 v. Counsel: Tribunal:
8 Do Texas ethics rules apply? A lawyer is subject to the disciplinary authority of this state, if admitted to practice in this state or if specially admitted by a court of this state for a particular proceeding. In addition to being answerable for his or her conduct occurring in this state, any such lawyer also may be disciplined in this state for conduct occurring in another jurisdiction or resulting in lawyer discipline in another jurisdiction, if it is professional misconduct under Rule TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT Rule 8.05(a)
9 Contract executed Arbitration filed March 1997 June 2007 October 2013 Breach Brazil dismantles plant
10 Candor Rule 3.03 Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal;
11 A tribunal? Yes. Tribunal includes arbitrators. TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, Terminology
12 false statement of material fact? There are circumstances where failure to make a disclosure is the equivalent of an affirmative representation. TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, Rule 3.03, Comment [2]
13 Am I required to fix it? Yes. Persuade client to authorize correction and if not successful, take reasonable remedial measures, including disclosure. TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, Rule 3.03(b)
14 DO NOT PERPETUATE THE DECEPTION
15 Legal arguments? A lawyer shall not knowingly fail to disclose to the tribunal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel. TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, Rule 3.03(4)
16 How aggressive can I be? A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless the lawyer reasonably believes that there is a basis for doing so that is not frivolous. TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, Rule 3.01
17 DISCOVERY 50 Redfern Requests
18 In the course of litigation, a lawyer shall not take a position that unreasonably increases the costs or other burdens of the case or that unreasonably delays resolution of the matter. Effectively protect the legitimate interests at stake? Gain an advantage unrelated to the merits? TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, Rule 3.02, comments [6] & [7]
19 Can I withhold documents? A lawyer shall not unlawfully obstruct another party s access to evidence; in anticipation of a dispute unlawfully alter, destroy or conceal a document or other material that a competent lawyer would believe has potential or actual evidentiary value; or counsel or assist another person to do any such act. TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, Rule 3.04(a)
20 Witnesses What privilege applies?
21 The expert witness dilemma TRE 503 Confidential communications Made for the purpose of facilitation rendition of professional legal services Is an expert or third party witness on your side included?
22 The expert witness dilemma TRCP Requires disclosure of all documents, etc., provided to, reviewed by, or prepared by or for the expert
23 Let s tell the witness not to disclose our conversations or documents shared with them. NO A lawyer shall not unlawfully obstruct another party s access to evidence... or counsel or assist another person to do any such act. TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, Rule 3.04(a)
24 Let s tell the witness not to disclose our conversations or documents shared with them. NO A lawyer shall not falsify evidence, counsel or assist a witness to testify falsely.... TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, Rule 3.04(b)
25 What about the arbitrators?
26 IBA Guidelines on Conflicts of Interest in International Arbitration Conflicts of Interest
27 The committee is preempted from resolving questions involving judicial ethics but feels judges should avoid every situation that might give the impression that his decisions were influenced by favoritism or bias. Opinion 135 of the Committee on Professional Ethics, (Canon 6 of the Texas Canons of Ethics (replaced))
28 WHO IS POLICING THE CONDUCT OF LAWYERS SITTING AS ARBITRATORS?
29
30 Andrew Melsheimer 1722 Routh Street Suite 1500 Dallas, Texas om
Central LHIN Governance Manual. Title: Whistleblower Policy Policy Number: GP-003
Central LHIN Governance Manual Title: Whistleblower Policy Policy Number: GP-003 Purpose: Originated: September 25, 2012 Board Approved: September 25, 2012 To set out the LHIN s obligations under the Public
More informationWhat to Do When Your Witness Testimony Doesn t Match His or Her Declaration
What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819
More informationTENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010
TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 Glenn R. Funk 117 Union Street Nashville, TN 37201 (615) 255-9595 ETHICS IN DUI DEFENSE
More informationLegal Matters - Ethics and Expected Changes to Circular 230 Federal Bar Association
Ethics and Expected Changes To Circular 230 Federal Bar Association 25th Annual Insurance Tax Seminar May 30, 2013 Fred Murray, Managing Director, Grant Thornton, LLP (moderator) Richard Goldstein, Special
More informationNOTE TO LAWYERS & ETHICS SECTION 4 EXAM PROCTORS: STUDENTS MAY BRING IN THIS PAPER TO THE FINAL EXAM Lawyers & Ethics 2013 Common Law The purpose of
FLETCHER LAWYERS & ETHICS FINAL EXAM Instructions: Answer the questions below in essay form. You may draw upon any and all of the materials assigned in this class. You may draw upon THE COMMON LAW of this
More informationEthical Considerations in Dealing with Expert Witnesses. Thomas M. Fitzpatrick tom@tal-fitzlaw.com
Ethical Considerations in Dealing with Expert Witnesses By Thomas M. Fitzpatrick tom@tal-fitzlaw.com Thomas M. Fitzpatrick is a graduate of the University of Montana (1973) and the University of Chicago
More informationOrder. October 26, 2010. ADM File No. 2009-06
Order October 26, 2010 ADM File No. 2009-06 Amendments of Rules 3.1, 3.3, 3.4, 3.5, 3.6, 5.5, and 8.5 of the Michigan Rules of Professional Conduct and Adoption of New Rules 2.4, 5.7, and 6.6 of the Michigan
More informationEthical and Professional Responsibility Issues in Environmental Law. Ted Bosquez Vinson & Elkins L.L.P.
Ethical and Professional Responsibility Issues in Environmental Law Ted Bosquez Vinson & Elkins L.L.P. Overview Voluntary Self-Disclosure Mechanisms Ethical Considerations in Self-Disclosure Scenarios
More informationDiscovery Ethics Course Plan
The Ethics of Pre-Trial Discovery Discovery Ethics Course Plan I. Pre-Trial Discovery II. General Ethical Rules and Personal Mores Governing Discovery III. Ethical Considerations for Obtaining Informal
More information*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6)
NEW HAMPSHIRE BAR ASSOCIATION Ethics Committee Formal Opinion 1993-94/7 Candor to Tribunal: Use of Questionable Evidence In Criminal Defense January 27, 1994 RULE REFERENCES: *Rule 1.2 *Rule 1.2(a) *Rule
More informationLAWYER TO LAWYER MENTORING PROGRAM WORKSHEET Q INTRODUCTION TO REPORTING LAWYER MISCONDUCT OR UNFITNESS
LAWYER TO LAWYER MENTORING PROGRAM WORKSHEET Q INTRODUCTION TO REPORTING LAWYER MISCONDUCT OR UNFITNESS Worksheet Q is intended to facilitate a discussion about a lawyer s obligation to report lawyer misconduct
More informationCommittee on Judicial Ethics Teleconference Thursday, January 15, 2015
Committee on Judicial Ethics Teleconference Thursday, January 15, 2015 Members present via teleconference: Judge Christine E. Keller, Chair, Judge Barbara M. Quinn, Professor Sarah F. Russell, Judge Angela
More informationLEGAL AND ETHICAL ISSUES OF PRIVILEGE IN THE CONTEXT OF INTERNAL INVESTIGATIONS ACC BACK TO SCHOOL CLE SYMPOSIUM AUGUST 20, 2015
LEGAL AND ETHICAL ISSUES OF PRIVILEGE IN THE CONTEXT OF INTERNAL INVESTIGATIONS ACC BACK TO SCHOOL CLE SYMPOSIUM AUGUST 20, 2015 1 Privilege: Remember the Backdrop Attorney-Client Privilege Protects confidential
More informationQuestion 4. 1. What, if any, ethical violations has Austin committed as an attorney? Discuss.
Question 4 Austin had been a practicing physician before he became a lawyer. Although he no longer practices medicine, he serves on a local medical association committee that works to further the rights
More informationETHICAL ISSUES IN THE EMPLOYMENT CONTEXT
ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT Mark J. Oberti Oberti Sullivan LLP 723 Main Street, Suite 340 Houston, Texas 77002 (713) 401-3556 mark@osattorneys.com Edwin Sullivan Oberti Sullivan LLP 723 Main
More informationETHICS OPINION 112314
ETHICS OPINION 112314 Facts: Three Scenarios: 1. Attorney represents a client through a bankruptcy. After the bankruptcy is complete, the client returns to the attorney for work on a different matter.
More informationINTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N
INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N OATH OF ATTORNEY I do solemnly swear: I will support the Constitution of the
More informationSCR CHAPTER 20 RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS
SCR CHAPTER 20 RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS COUNSELOR 2.1 Advisor 2.2 Omitted 2.3 Evaluation for use by 3 rd persons 2.4 Lawyer serving as 3 rd -party neutral INDEX (continued) ADVOCATE
More informationBridging the Common Law Civil Law Divide in Arbitration
Bridging the Common Law Civil Law Divide in Arbitration by SIEGFRIED H. ELSING * AND JOHN M. TOWNSEND * * INTERNATIONAL ARBITRATION has evolved as a system for resolving disputes among parties from different
More informationHomeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers
Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers I. Safekeeping Property. A. Rule 1.15 of Minnesota Rules of Professional Conduct requires a lawyer representing a party to safe keep their
More informationETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE
ETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE 19 th ANNUAL JUVENILE LAW CONFERENCE PROFESSOR ROBERT O. DAWSON JUVENILE LAW INSTITUTE February 22 24, 2006 Westin Park Central Hotel Dallas, Texas BRIAN
More informationA LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA
A LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA Preamble As a lawyer I must strive to make our system of justice work fairly and efficiently. In order to carry out that responsibility,
More informationAMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS
AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS Definitions Adopted by the Michigan Supreme Court in Grievance Administrator v Lopatin, 462 Mich 235, 238 n 1 (2000) AInjury@ is harm to
More informationAAfPE Core Competencies for Paralegal Programs (October 2013)
AAfPE Core Competencies for Paralegal Programs (October 2013) CRITICAL THINKING SKILLS 1. Analyze a problem and identify issues relevant to a potential solution; 2. Determine which areas of law are relevant
More informationOffice of Lawyers Professional Responsibility
Office of Lawyers Professional Responsibility Complaints and Investigations Office of Lawyers Professional Responsibility 1500 Landmark Towers 345 St. Peter Street St. Paul, MN 55102-1218 (651) 296-3952
More informationETHICAL USE OF EVIDENCE DERIVED FROM MULTIPLE SOCIAL MEDIA OUTLETS
ETHICAL USE OF EVIDENCE DERIVED FROM MULTIPLE SOCIAL MEDIA OUTLETS ASSOCIATION OF CORPORATE COUNSEL PARALEGAL INSTITUTE OCTOBER 7, 2014 Presented by: Mitchell D. Dean, Esq. Heather E. Paradis, Esq. Daley
More informationTerms and Conditions for Tax Services
Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we
More informationORANGE COUNTY BAR ASSOCIATION. Formal Opinion 2011-01 (Collaborative Family Law)
ORANGE COUNTY BAR ASSOCIATION Formal Opinion 2011-01 (Collaborative Family Law) Issue: Can a family lawyer enter into a collaborative law agreement consistent with her ethical duties, notwithstanding the
More informationMEDIATION PROCEDURES FOR RESOLVING BUSINESS-TO-BUSINESS DISPUTES
6465 Wayzata Blvd., Suite 470 Minneapolis, MN 55426 Phone: 800-474-2371 Fax: 952-345-1160 www.adrforum.com MEDIATION PROCEDURES FOR RESOLVING BUSINESS-TO-BUSINESS DISPUTES July 11, 2014 1 FORUM Request
More informationUNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED
UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED Senate Bill 714 (as enacted) PUBLIC ACT 159 of 2014 Sponsor: Senator Tonya Schuitmaker Senate Committee: Judiciary House Committee: Judiciary
More informationINTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS
INTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS 1.1 Purpose of Lawyer Discipline Proceedings The purpose of lawyer
More informationNEW JERSEY FAMILY COLLABORATIVE LAW ACT. An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes.
NEW JERSEY FAMILY COLLABORATIVE LAW ACT An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of
More informationFoundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System
Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System Unit Overview How does the civil justice system hold people and corporations accountable for their actions? How does civil law
More informationCHAPTER 50. C.2A:23D-1 Short title. 1. This act shall be known and may be cited as the New Jersey Family Collaborative Law Act.
CHAPTER 50 AN ACT concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.2A:23D-1 Short
More informationDALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015. By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey.
DALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015 By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey.com A. Lawyers owe their clients a fiduciary duty. Breach of fiduciary duty
More informationCalifornia Attorney Guidelines of Civility and Professionalism
California Attorney Guidelines of Civility and Professionalism The State Bar of California 180 Howard Street San Francisco, CA 94105-1639 Adopted by the Board of Governors on July 20, 2007 1 TABLE OF CONTENTS
More informationPATRICIA A. CHUCKA GRINER & ASSOCIATES 13935 BISHOP S DRIVE, SUITE 250 BROOKFIELD, WI 53005 PHONE: 262-825-9295
PATRICIA A. CHUCKA GRINER & ASSOCIATES 13935 BISHOP S DRIVE, SUITE 250 BROOKFIELD, WI 53005 PHONE: 262-825-9295 ETHICS AND THE WORKER S COMPENSATION PRACTITIONER A lawyer, as a member of the legal profession,
More informationTop 10 Ways to Become a Statistic on a Bar Ethics Website
Top 10 Ways to Become a Statistic on a Bar Ethics Website Steve Gracey TriHealth 619 Oak Street, Suite 601 Cincinnati, OH 45020 (513) 569-4051 Steve_Gracey@trihealth.com John S. Leinicke Wicker, Smith,
More informationA NEW PROFESSIONALISM. Paul D. Friedman M.A., Ph.D., J.D. * Most attorneys have encountered a client who wants the attorney to be a bulldog,
A NEW PROFESSIONALISM A NEW PROFESSIONALISM FOR ARIZONA ATTORNEYS: THE ELIMINATION OF ZEALOUS REPRESENTATION WITH THE FOUNDATION OF CIVILITY AND FAIRNESS Paul D. Friedman M.A., Ph.D., J.D. * Most attorneys
More informationDiscovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case
Discovery Devices Automatic (mandatory) disclosure Rule 26 requires the automatic disclosure of a host of basic information regarding the case Interrogatories Questions addressed to the other party Depositions
More informationSUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES
SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES Amended and Effective October 1, 2013 SIGNIFICANT CHANGES: 1. Mediation R-9. Mediation: Mediation is increasingly relied upon and is an accepted part of
More informationD. Address others only by their titles and surnames, including lawyers, witnesses, and court personnel.
PRE-TRIAL PROCEDURES FOR CIVIL CASES IN THE 435 TH DISTRICT COURT COURTROOM ETIQUETTE Civil Litigants who appear in the 435 th District Court shall observe these conventions of courteous and orderly conduct.
More informationRULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES
RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]
More informationThe Role of Defense Counsel in Ineffective Assistance of Counsel Claims
The Role of Defense Counsel in Ineffective Assistance of Counsel Claims I. Every criminal defense lawyer will, at sometime or another, be challenged as ineffective it comes with the territory. It is natural
More informationComplying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different?
Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different? By Roseann B. Termini, Esq. rbtermini@widener.edu www.fortipublications.com
More informationEthical Considerations for Tribal Lawyers and Judges
Ethical Considerations for Tribal Lawyers and Judges The 19th Annual Tribal Law and Government Conference The Future of Indian Education University of Kansas March 13, 2015 Elizabeth Ann Kronk Warner Associate
More informationTHE AMERICAN LAW INSTITUTE. A Concise Restatement LAWYERS. Compiled. VINCENT R. JOHNSON Professor of Law St. Mary's University School of Law.
AUG 0 3 2009 THE AMERICAN LAW INSTITUTE A Concise Restatement of THE LAW GOVERNING LAWYERS Compiled by VINCENT R. JOHNSON Professor of Law St. Mary's University School of Law and SUSAN SAAB FORTNEY George
More informationLegal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG
THE PRACTICING LAW INSTITUTE: FINANCIAL SERVICES INDUSTRY REGULATORY COMPLIANCE & ETHICS FORUM 2014 Legal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG October 29, 2014 Lawyers As Whistleblowers
More informationRules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20
Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20 Read It, Know It, Live It Presented by Mark Gumz with the assistance of Hannah Schieber SCR 20: More than just 40+ pages of fine
More informationTexas Lawyer Discipline - A Summary
Houston Intellectual Property Law Association Presentation Recent Changes in the Grievance Procedure and How They Will Affect Your Law Practice SPEAKER: Robert S. Bob Bennett bbennett@bennettlawfirm.com
More informationAAfPE Core Competencies for Paralegal Programs
AAfPE Core Competencies for Paralegal Programs CRITICAL THINKING SKILLS 1. Analyze a problem; identify and evaluate alternative solutions; 2. Formulate logical solutions to problems; construct logical
More informationSample agreement: Collaborative Law
Sample agreement: Collaborative Law Between: and and agree as follows: 1. GOALS We believe that it is in our mutual best interest to resolve our differences by discussing and agreeing on what is important
More informationLawyer Mobility in the Context of Corporate Law Departments
Lawyer Mobility in the Context of Corporate Law Departments Presented by: William H. Roberts, Blank Rome LLP Jeremy A. Rist, Blank Rome LLP Kevin M. Passerini, Blank Rome LLP I. Do corporations need to
More informationEthics and Professionalism Committee. ABA Section of Labor and Employment Law. The Litigator as Arbitrator: Particular Ethical Concerns
Ethics and Professionalism Committee ABA Section of Labor and Employment Law The Litigator as Arbitrator: Particular Ethical Concerns By: Janet Savage Specific ethical issues may arise when an attorney
More informationMISSOURI S LAWYER DISCIPLINE SYSTEM
MISSOURI S LAWYER DISCIPLINE SYSTEM Discipline System Clients have a right to expect a high level of professional service from their lawyer. In Missouri, lawyers follow a code of ethics known as the Rules
More informationAmendments to the Rules to Civil Procedure: Yours to E-Discover. Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP
Amendments to the Rules to Civil Procedure: Yours to E-Discover Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP September 25, 2009 Amendments to the Rules of Civil Procedure: Yours to
More informationCONTRACT FOR LEGAL SERVICES AS BOND COUNSEL BETWEEN THE CITY OF RAPID CITY AND DORSEY & WHITNEY LLP
CONTRACT FOR LEGAL SERVICES AS BOND COUNSEL BETWEEN THE CITY OF RAPID CITY AND DORSEY & WHITNEY LLP This contract is made and entered into by and between the City of Rapid City, South Dakota, 300 Sixth
More informationAmerican Board of Professional Liability Attorneys *ABA Accredited Organization
MEDICAL PROFESSIONAL LIABILITY Applicant s Firm _ Street_ City _ State _ Zip _ Business Phone _ Fax E-Mail Address _ State of Principle Practice _ Other states where you practice _ Attorney Registration
More informationJUDICIAL SETTLEMENT CONFERENCES THE HIGH COURT GUIDELINES. (A document to assist those participating in a judicial settlement conference)
JUDICIAL SETTLEMENT CONFERENCES THE HIGH COURT GUIDELINES (A document to assist those participating in a judicial settlement conference) Issued April 2012 1. INTRODUCTION 1.1. The High Court s jurisdiction
More informationSubject Matter Conflicts The Next Wave in IP Malpractice Claims? How to spot the potential conflict and deal with it proactively.
Subject Matter Conflicts The Next Wave in IP Malpractice Claims? How to spot the potential conflict and deal with it proactively. Colin P. Cahoon Carstens & Cahoon, LLP 13760 Noel Road Suite 900 Dallas,
More informationWHEREAS, thereafter, the Eleventh Judicial Circuit Professionalism and Civility Committee was established; and
THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA CASE NO. 14-2 (Court Administration) ADMINISTRATIVE ORDER NO. 14-01 IN RE: ELEVENTH JUDICIAL CIRCUIT PROFESSIONALISM AND CIVILITY COMMITTEE AND
More informationSIXTH JUDICIAL DISTRICT ATTORNEY-CLIENT FEE DISPUTE RESOLUTION PROGRAM LOCAL PROGRAM RULES AND PROCEDURES
SIXTH JUDICIAL DISTRICT ATTORNEY-CLIENT FEE DISPUTE RESOLUTION PROGRAM LOCAL PROGRAM RULES AND PROCEDURES SECTION 1 - POLICY It is the policy of the Sixth Judicial District ( district ) to encourage out-of-court
More informationHot Ethics Issues for Product Liability Defense Attorneys
Hot Ethics Issues for Product Liability Defense Attorneys Dane S. Ciolino Loyola University New Orleans College of Law 6363 Saint Charles Ave New Orleans, LA 70118 (504) 861-5652 dciolino@loyno.edu Return
More informationSUMMARY OF RECENT AMENDMENTS TO THE ARIZONA RULES OF PROFESSIONAL CONDUCT 1
Speaker 11: Daniel McAuliffe of Snell & Wilmer Page 1 SUMMARY OF RECENT AMENDMENTS TO THE ARIZONA RULES OF PROFESSIONAL CONDUCT 1 Rule 1.1 Competence The 2003 amendments to the Arizona Rules of Professional
More informationModel Order clinical negligence duty-causation-quantum outside RCJ
Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal
More informationHow To Run A Self Help Program
Rule 110. Self-Help Programs (Minnesota General Rules of Practice for District Courts) 110.01 Authority for Self-Help Programs A District Court for any county may establish a Self-Help Program to facilitate
More informationThe Ethical Challenges of Representing Organizations
The Ethical Challenges of Representing Organizations Ross Fischer Denton, Navarro, Rocha & Bernal, P.C. 2500 W. William Cannon, Suite 609 Austin, Texas 78745 ross.fischer@rampage-aus.com Texas City Attorneys
More informationRule 3.3: Candor Toward the Tribunal
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct Rule 3.3: Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a
More informationEMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL
EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL Appeals of workers compensation claim denials are handled by the Labor Commission s Adjudication Division. If you disagree with the claim
More information5/12/2015 AGGREGATE PROCEEDINGS PURPOSE OF AGGREGATE PROCEEDINGS
Pretrial Practice 2015 4:00 P.M. PANEL TOPIC SETTLEMENT AGGREGATE SETTLEMENT CONCERNS May 12, 2015 New York, New York Kelly Strange Crawford, Esq. AGGREGATE PROCEEDINGS Class Actions SINGLE LAW SUIT PROCEEDING
More informationRule 42. Practice of attorneys not admitted in Nevada. (1) All actions or proceedings pending before a court in this state;
Rule 42. Practice of attorneys not admitted in Nevada. 1. Application of rule. (a) This rule applies to: (1) All actions or proceedings pending before a court in this state; (2) All actions or proceedings
More informationISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS June 2013 Legal Policy Division Department of the Attorney-General and Justice
More informationQuestion 5. After the trial, Attorney sent a $500 gift certificate to Doctor, with a note thanking her for recommending that Peter call him.
Question 5 Attorney mailed a professional announcement to several local physicians, listing his name and address and his area of law practice as personal injury. Doctor received Attorney s announcement
More informationgrouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2)
ESI: Federal Court An introduction to the new federal rules governing discovery of electronically stored information In September 2005, the Judicial Conference of the United States unanimously approved
More informationThis is not your grandfather s litigation. BUT. ediscovery Services are not legal services.
This is not your grandfather s litigation. BUT ediscovery Services are not legal services. TYPES OF ETHICAL ISSUES THAT MIGHT ARISE IN THE CONTEXT OF ediscovery: Document collection Privacy issues Inadvertent
More informationThe Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014
The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question
More informationGuidelines for Guardians ad Litem for Children in Family Court
Guidelines for Guardians ad Litem for Children in Family Court Preamble The following are guidelines for attorneys and non-lawyer volunteers appointed as guardians ad litem for children in most family
More informationINTRODUCING THE ESSENCE OF LAWYERING IN AMERICA TO CHINESE LAW STUDENTS. Lawrence K. Hellman Dean and Professor of Law Oklahoma City University
INTRODUCING THE ESSENCE OF LAWYERING IN AMERICA TO CHINESE LAW STUDENTS Lawrence K. Hellman Dean and Professor of Law Oklahoma City University A group of law students from Nankai University in Tianjin,
More informationhttp://www.xmission.com/~sgolding/publications/sgfp.htm
Page 1 of 12 SPECIALTY GUIDELINES FOR FORENSIC PSYCHOLOGISTS Committee on Ethical Guidelines for Forensic Psychologists Division 41 American Psychological Association March 9, 1991 Introduction The Specialty
More informationCAN YOU PUT AN INDEPENDENT FACT WITNESS UNDER A CONTRACT THAT PROVIDES THAT HE OR SHE WILL NOT TALK TO OPPOSING COUNSEL VOLUNTARILY?
CAN YOU PUT AN INDEPENDENT FACT WITNESS UNDER A CONTRACT THAT PROVIDES THAT HE OR SHE WILL NOT TALK TO OPPOSING COUNSEL VOLUNTARILY? 1 I. Introduction by Charles L. Gholz 2 and Bryan J. Byerly 3 This article
More informationSharing Information and Due Process Arizona Problem Solving Courts Conference May 14, 2013
Sharing Information and Due Process Arizona Problem Solving Courts Conference May 14, 2013 Introductions Barbara Marshall, Division Chief, Juvenile Crimes Division, Maricopa County Attorney s Office Michelle
More informationFACT SHEET Contact: Office of Legislative and Public Affairs (703) 305-0289 Fax: (703) 605-0365 PAO.EOIR@usdoj.gov www.justice.gov/eoir/ Feb.
U.S. Department of Justice Executive Office for Immigration Review Office of the Director 5107 Leesburg Pike, Suite 2600 Falls Church, Virginia 22041 FACT SHEET Contact: (703) 305-0289 Fax: (703) 605-0365
More informationMichigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery
1 PROFESSIONALS MILLER CANFIELD LAW FIRM B. Jay Yelton III Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery To a large extent Michigan's new e-discovery rules
More informationThe What to Expect Series FINRA s Dispute Resolution Process 1
FINRA s Dispute Resolution Process 1 What to Expect: FINRA s Dispute Resolution Process It is rare for most firms to find themselves in a dispute with a customer, an employee, or another firm that escalates
More informationIN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE. - and
IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON Action No. 0403-12898 B E T W E E N : TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE Plaintiffs - and HER MAJESTY THE QUEEN IN
More informationETHICAL ISSUES FOR WHITE COLLAR DEFENSE AND INVESTIGATIONS LAWYERS
ETHICAL ISSUES FOR WHITE COLLAR DEFENSE AND INVESTIGATIONS LAWYERS Part 2 of 3: Attorney-Client Privilege Considerations When Conducting Corporate Internal Investigations Vince Farhat Calon Russell Published
More informationGrievances Against Lawyers & Judges
Where do I file a grievance against a lawyer or judge THE COLUMBUS BAR ASSOCIATION Ethics Grievances An ethics grievance against a lawyer or a judge must be in writing and filed with one of the following
More informationIN RE: MAUREEN STRETCH NO. BD-2012-091 S.J.C. Order of Term Suspension entered by Justice Lenk on October 2, 2012. 1 SUMMARY 2
IN RE: MAUREEN STRETCH NO. BD-2012-091 S.J.C. Order of Term Suspension entered by Justice Lenk on October 2, 2012. 1 SUMMARY 2 The respondent received a six-month suspension with conditions for her misconduct
More informationEthical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize
Ethical Considerations for the Estate Attorney Trusts and Estates Practice is Difficult to Categorize Clients are generally older, but many younger people are planning for retirement and family members.
More information1. Death 2. Serious injury 3. Both (1) and (2) 4. Neither (1) nor (2) 0% 0% 0% 0%
A. Under GRPC 1.6, a lawyer MUST disclose information, even if gained in the professional relationship with a client and even if no law requires the lawyer to do so, if necessary to prevent: 1. Death 2.
More informationInquiry Concerning A Florida Lawyer
Inquiry Concerning A Florida Lawyer This pamphlet provides general information relating to the purpose and procedures of the Florida lawyer discipline system. It should be read carefully and completely
More informationEthics Bear Traps for In-House Counsel Michael Aprahamian
Ethics Bear Traps for In-House Counsel Michael Aprahamian Unique Problems Faced by In-House Counsel The general counsel has one foot planted firmly in the shifting, treacherous terrain of the law, and
More informationWISCONSIN. Report on the Lawyer Regulation System. Reinhart\8292674
\ WISCONSIN Report on the Lawyer Regulation System February 2012 Reinhart\8292674 OFFICE OF LAWYER REGULATION REVIEW COMMITTEE Christopher P. Banaszak Milwaukee, Wisconsin Paul Eberle Milwaukee, Wisconsin
More informationReflections on Ethical Issues In the Tripartite Relationship
Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent
More informationEthical Rules Applied to Contract and Settlement Negotiations ACC Houston November 13, 2012 Charlie Meacham Samantha Trahan Bass Wallace, Jr. ACC Houston 11/13/12 2 Let s Start with Some Rules Texas Disciplinary
More informationMULTI-JURISDICTIONAL PRACTICE ISSUES FOR LABOR AND EMPLOYMENT ATTORNEYS; A UNION AND EMPLOYEE SIDE PERSPECTIVE
MULTI-JURISDICTIONAL PRACTICE ISSUES FOR LABOR AND EMPLOYMENT ATTORNEYS; A UNION AND EMPLOYEE SIDE PERSPECTIVE MICHAEL POSNER, ESQ. Posner & Rosen LLP 3600 Wilshire Blvd., Suite 1800 Los Angeles, CA 90010
More informationEthics of Attorneys Fees & Sanctions in Virginia
Virginia Trial Lawyers Association 2013 Convention Ethics of Attorneys Fees & Sanctions in Virginia Bernard J. DiMuro DiMuro Ginsberg, PC 1101 King St. Suite 610 Alexandria, VA 22314-2956 (703) 684-4333
More informationAttorney Grievance Commission of Maryland v. Patricia DuVall Storch, Misc. Docket AG No. 7, September Term, 2014. Opinion by Greene, J.
Attorney Grievance Commission of Maryland v. Patricia DuVall Storch, Misc. Docket AG No. 7, September Term, 2014. Opinion by Greene, J. ATTORNEY DISCIPLINE In the present case, an attorney appointed as
More informationLegal and Judicial Ethics for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan
for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan February 25, 2010 David M. Siegel New England Law Boston dsiegel@nesl.edu; 1 (617)
More informationand IN THE COURT OF CRIMINAL APPEALS, AUSTIN, TEXAS
IN THE 242 ND DISTRICT COURT OF SWISHER COUNTY, TEXAS and IN THE COURT OF CRIMINAL APPEALS, AUSTIN, TEXAS THE STATE OF TEXAS ) Writ Nos. 51,824 01, -02, -03, -04 ) (Trial Court Cause Nos. ) B-3340-9907-CR,
More information