Ethics in Drafting Claims (Telephone)
Tell a Friend About This EventTell a Friend
 

Trusts can fail. They can become impractical ? too costly to operate or fail to achieve their purpose. Their assets may decline or be lost entirely. Tax laws may dramatically change their tax efficiency. These and a host of other circumstances giving rise to the creation of the trust in the first instance may change substantially. This program will provide you with a real-world guide restructuring trusts for financial administrative and tax purposes.

12/22/2017
When: Friday, December 22, 2017
12:00 PM - 1:00 PM CT

« Go to Upcoming Event List  

MCLE Accreditation
Nebraska Activity #150036, 1.0 hours Ethics (Distance Learning)

***Because these seminars are provided through a third party, NSBA dues-paying members are NOT ABLE to use their "2 free ethics credits" member benefit for these seminars.***

From filing a claim to settlement, litigation can involve many gray ethical areas.  How valid is a claim factually or legally, and at what point is it so frivolous that you are acting improperly to pursue it?  Must you investigate the facts presented to you by a client before filing a claim?  When you are not counsel of record – and perhaps do not want to be involved with the case – how far can you going in ghostwriting a claim or pleadings?  At what point is your help of someone else improper deception?  In the same say, what’s the line separating legitimate jockeying for position in litigation versus improper deception in settlement?  Exactly how much of what you know about the facts or the law or the status of witnesses are you required to share with opposing counsel?  These and related questions will be examined in this program on ethical issues in frivolous claims, ghostwriting in litigation, and settlements.

  • Ethics in drafting claims and pleadings
  • Duty to investigate client facts before filing a claim v. duty to investigate the law
  • Conflicting approaches of ethics rules and the courts to sanctioning ghostwriting in litigation
  • Understanding when you are required to be candid and when you are allowed to be silent, or engage in “puffery”
  • Ethics tension between duty of loyalty to client and duties as officer of the court
  • Ethics of serving unenforceable subpoenas in the hope of obtaining witness cooperation
  • Ethics in settlements – silence about facts, the law, mistakes in settlement documents, and the death of witnesses
  • Enforceability of settlement agreements and ethics challenges
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.

Elizabeth Treubert Simon is of counsel in the Washington, D.C. office of Vorys, Sater, Seymour and Pease LLP, where the primary focus of her practice is the defense of attorneys and other professionals, trademark and copyright infringement litigation and insurance coverage litigation. She also provides counsel to insurers regarding insurance coverage and counsels clients regarding professional ethics and attorney disciplinary procedures.  Ms. Simon is a member of the Committee on Professional Discipline of the New York State Bar Association and the District of Columbia Legal Ethics Committee.  She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.



To Register:Cost $89.00

https://ne.webcredenza.com/catalog.aspx?browse=ViewProg&catid=23024

  • Click on above link
  • Click “Login to add to cart” button at the bottom of the program page
  • This will take you to the log in page, FIRST time users will need to create a user name and password that is separate and distinct from any information you may have used for the Nebraska State Bar website
  • Please be sure to use the attorney name and contact information of the person who is to receive the CLE credit
  • Once completed click “Update & Proceed to Payment”
  • The final step is to click “Submit Payment”
  • At this point you will receive an email confirmation of the purchase
  • The day before the Program you will receive the dial in information and program materials
  • We will submit the program participation information to the Nebraska State Bar Association within 48 hours of the program completion


If you need additional information on your CLE credits please contact:
Amy Prenda, Nebraska State Bar Association
(402) 475-7091 ext # 131; aprenda@nebar.com