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

Event Details

11:00 a.m. – 12:00 p.m. (MT)

**Live Audio Stream Only

1.0 Ethics credit

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

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 to disclose 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  What are the limits to how a lawyer may represent an adverse fact or adverse law, even unpublished law, to an adversary?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?