Description

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Addressing the numerous and significant professional responsibility challenges in litigation, this compendium traces the ethical issues in the life of a lawsuit from start to finish. In discussing the various subjects, the authors broadly define "professional responsibility" to include not only legal ethics but also the related issues of sanctions and professional liability.

This completely revised edition now includes new chapters on conflicts of interest and accidental and impromptu clients, and also provides a wider discussion of social media ethics in a focused chapter on this evolving topic. All other chapters have been substantially updated and, in some cases, prudently condensed for ease of use and provide ample citations to authority to guide readers in their own research.

Each chapter covers a key aspect of litigation in depth, compartmentalizing the subjects so that readers do not have to jump back and forth between chapters to understand the principles and rules in play. Topics covered include:

• Conflicts of interest
• Pre-suit investigation and frivolous claims
• Surreptitious investigations and discovery
• Compensating fact witnesses
• Ex parte communications
• Civility and candor
• False testimony by clients and witnesses
• Lawyers as witnesses
• Negotiation and settlement
• Social media
• Accidental and impromptu clients
• Ethics on appeal, and more

About the Author

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Douglas R. Richmond is Managing Director in the Professional Services Practice of Aon Risk Solutions. Aon's Professional Services Practice is the world's leading broker of insurance for law firms. Doug consults with Aon's large law firm clients on professional responsibility and liability issues. Before joining Aon in Chicago, Doug was a partner with Armstrong Teasdale LLP in Kansas City, Missouri (1989-2004), where he had a broad civil trial and appellate practice. In his time at Armstrong Teasdale, he tried numerous major cases as first chair and was often engaged to handle appeals of cases tried by other lawyers. In 1998, he was named the nation's top defense lawyer in an insurance industry poll as reported in the publications Inside Litigation and Of Counsel. He served on the ABA's Standing Committee on Ethics and Professional Responsibility from 2016 to 2019 and currently is a member of the ABA's Standing Committee on Lawyers' Professional Liability (2020-2023). He is a member of the American Law Institute (ALI), American Board of Trial Advocates (ABOTA), International Association of Defense Counsel (IADC), and Federation of Defense and Corporate Counsel (FDCC). Doug has also been selected to The Best Lawyers in America in the areas of legal malpractice, personal injury litigation, and railroad law. In 2003, the Euromoney Legal Media Group named him as one of the nation's top insurance and reinsurance lawyers. Doug is the co-author of a leading insurance law treatise and an insurance law casebook and has published more than 90 articles in university law reviews. He teaches Legal Ethics at the Northwestern University School of Law, Insurance Law and Legal Malpractice Law at the University of Florida College of Law, and Legal Malpractice Law at the Texas A&M University School of Law. He previously taught Trial Advocacy and Insurance Law at the University of Kansas School of Law, and Insurance Law and a seminar on Damages at the University of Missouri School of Law. In addition, Doug is a regular NITA faculty member, teaching both trial and deposition skills. Doug earned his J.D. at the University of Kansas, an M. Ed. from the University of Nebraska, and his B.S. from Fort Hays State University.Brian S. Faughnan is a shareholder in the Memphis, Tennessee, office of Lewis Thomason. In addition to practicing in the areas of legal ethics and lawyers' professional responsibility, Brian maintains a civil litigation practice focused on complex commercial litigation, appellate litigation, and media law. Brian is a Fellow of the American Bar Foundation and a Fellow of the Tennessee Bar Foundation, is listed in The Best Lawyers in America (Appellate Law, Ethics and Professional Responsibility Law, and Litigation-First Amendment), and has been recognized as a Super Lawyer by Mid-South Super Lawyers. He is President-Elect of the Association of Professional Responsibility Lawyers (APRL). Brian is a frequent author and speaker on professional responsibility issues. He shares his thoughts on professional responsibility and other aspects of the law of lawyering at www.faughnanonethics.com. He is Chair of the Tennessee Bar Association's Standing Committee on Ethics and Professional Responsibility, and formerly served on the TBA Board of Governors. Brian completed his undergraduate education at Rhodes College in 1995 and earned his J.D., magna cum laude, in 1998 from the University of Memphis School of Law, where he was Comments Editor of the University of Memphis Law Review. Michael L. Matula is a shareholder in the Kansas City, Missouri, office of Ogletree Deakins Nash Smoak & Stewart, P.C., a national labor and employment law firm. Mike previously was an associate and then a partner with Armstrong Teasdale LLP in Kansas City, where he worked closely with Doug Richmond. Mike concentrates his practice in employment litigation and counseling and has represented employers in a wide variety of aggravated and complex litigation. He has significant jury trial experience in employment and civil rights matters. Additionally, Mike has considerable experience in the defense of commercial, tort, and insurance cases, including the representation of lawyers and other professionals, both at trial and on appeal. He continues to handle select matters in these areas. Mike is a member of his firm's Ethics Committee, and he has served as an adjunct professor at the University of Missouri-Kansas City School of Law. He serves as a Disciplinary Hearing Officer for Missouri's Region IV Disciplinary Committee. Mike's litigation practice includes an emphasis in e-discovery, and he has completed a related certification course. He regularly speaks on employment law subjects to industry and professional audiences and is a frequent author. Mike earned his J.D. from the University of Kansas School of Law in 1996, where he was selected to the Order of the Coif and was Notes and Comments Editor of the Kansas Law Review. He earned his B.A. degree from Claremont McKenna College in 1993.