The Ethics of Bad Facts and Bad Law (Live Audio Streaming)


Event Details


The Ethics of Bad Facts and Bad Law

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

Wednesday, June 29, 2022

11:00 a.m. – 12:00 p.m. (MT)

**Replay of Live Audio Stream

1.0 Ethics credit

Registration Fee:  $55.00

Every representation involves “bad” facts and/or “bad” law – facts and law that run counter to a client’s objectives.  Ethical tensions and issues arise when a lawyer has todisclose bad facts or law to a court or administrative panel, or even to an adversary. At what point does the lawyer’s duty as a member of the bar and officer of the court require disclosure even when it is adverse to a client’s interest whom the lawyer must zealously represent?  What are the limits to how a lawyer may represent an adverse fact or adverse law, even unpublished law, to an adversary?  Answering these difficulty questions may not only impact the outcome of a representation but potentially expose ethical sanction.  This program will provide you with a practical guide to the ethical issues surrounding bad facts and bad law in client representations.

  • Lawyer ethical duties to disclose bad facts and bad law
  • Ethical issues surrounding the representation of adverse facts to tribunals and adversaries
  • Duties to disclose adverse legal precedent to courts and administrative panels
  • When is a lawyer required to disclose bad fact or law versus when they may disclose?
  • Timing issues – at what stage should adverse facts and law be disclosed?
  • Related issues of confidentiality and the attorney-client privilege
  • Ex parte communications with the courts – what’s ethically permissible, what’s not?

Online Registration for Audio Streaming Only