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About the Teleseminar
Attorneys are required to be zealous advocates for their clients but they are also obligated to be honest. When clients lie – lie to their attorneys, lie to a court or other tribunal, or lie in negotiations with another party – attorneys are put in an untenable position. On the one hand they are required to maintain client confidences. On the other hand, they are required to maintain the integrity of the system, including making no knowingly false statements or perpetuating the falsehoods of clients. This program will discuss the ethical rules applicable when clients lie, the obligations attorneys have to maintain certain confidences and countervailing obligations they have to disclose or withdraw from representation. The program will also discuss best practices to avoid ethical complaints.
· Ethical issues when your client lies to you, lies to a court, or lies in negotiations
· Confidentiality and attorney-client privilege issues when you discover a client in lying to the court
· Permissible and mandatory withdrawal when you discover a client’s lies to you or others
· Ethical duties when you know a client is lying in negotiations
· Prudential considerations in doing due diligence on clients
· Best practices for avoiding ethics complaints
Brian S. Faughnan is special counsel in the Memphis office of Thomason Hendrix Harvey Johnson & Mitchell, PLLC, where he represents clients in a wide variety of matters at the trial level and on appeal. He counsels lawyers and law firms on a wide variety of issues surrounding legal ethics and professional responsibility. He is the chair of the Tennessee Bar Association’s Standing Committee on Ethics and Professional Responsibility, a reporter for the committee’s rules revision project, a member of the Association of Professional Responsibility Lawyers, and a member of the Media Law Resource Center’s Ethics Committee. Mr. Faughnan received his B.A. from Rhodes College and his J.D., magna cum laude, from the University of Memphis School of Law.
Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections. For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.
Mandatory MCLE Credit Hours and Legal Ethics & Professional Responsibility (LEPR) Credit Hours
This seminar qualifies for 1.0 MCLE Credit Hour, including up to 1.0 LEPR Credit Hour.