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 Legal Ethics of Evidence Seminar

Presented by NBI, Inc.

Legal Ethics of Evidence

Course Description/Agenda

How to Fulfill Your Ethical Duties to the Client, the Tribunal, and the Opposing Party

As technology evolves, so do evidence practices. New types of evidence and data formats require a fresh look at how the old ethics rules will apply to them. This incisive legal guide offers experienced and tech-savvy attorneys' review of the most common and tricky situations where multiple ethical duties conflict, where the rules may still be unclear, where your reputation and license may be at risk if you don't know how to protect yourself. Be prepared to do the right thing - register today!

• Review the latest state bar rulings and advisory opinions on the use of evidence.
• Learn what you must do with evidence potentially harmful to your case.
• Avoid legal malpractice over failure to advise your client to comply with litigation holds.
• Clarify how far you can go in social media evidence searches and how to ensure they're conducted ethically.

Agenda

1. Key Sources of Authority
   8:45 - 9:30 and 1:00 - 1:45, Mark D. Kimball
   1. Rules of Professional Conduct
   2. State Bar Ethics Rulings and Advisory Opinions
   3. State and Federal Rules of Evidence
2. Protecting the Client's Best Interests
   9:30 - 10:15 and 1:45 to 2:30, Pamela M. Andrews
   1. Lawyer's "Duty to Google" as Part of Due Diligence
   2. Asserting and Challenging Privileges Under Rule 502(d)
   3. Keeping the Client Informed
   4. Duty of Confidentiality
   5. Conflicts of Interest in Multiple Representation
3. Handling ESI and Social Media Data
   10:30 - 11:15 and 2:45 - 3:30, Steven A. Hemmat
   1. Smartphone Data and Remote Wiping Options
   2. Friending Witnesses to Access Evidence
   3. Failure to Preserve Social Media Evidence
   4. When E-Discovery Spoliation Issues Cross Over into Unethical Conduct
   5. Common Issues with Email Messages, Chains and Attachments
   6. Recent Case Law and Judicial Decision-Making in Sanctioning over Social Media Use
4. When Things Go Wrong
   11:15 - 12:00 and 3:30 - 4:15, Mark D. Kimball
   1. When is Misrepresentation of Fact an Ethical Violation?
   2. Admitting to the Client When You've Made a Mistake
   3. What to do When You Suspect Your Client is Dishonest
   4. Abusive Litigation Practices and Their Remedies
   5. Common Scenario of Conflicting Obligations and Solutions to Them
   6. Responding to a Complaint
   7. Legal Malpractice Defense

More Seminar Information

NBI, Inc. Course Summary Legal Ethics of Evidence Delivery Method  Seminar Who Should Attend This basic-to-intermediate level seminar is designed for attorneys. It will also benefit paralegals and litigation support professionals.

All Date/Location Information