Ethical Issues in Civil LitigationThis is a basic course on professional responsibility with a particular emphasis on ethical problems of interest to civil litigators. This is a three credit course. The text is Pearce, Capra & Green, Professional Responsibility: A Contemporary Approach (West 2011). Like most professional responsibility courses, this one will use the ABA Model Rules of Professional Conduct, and supplemented by reference to the New York Rules of Professional Conduct, to examine basic duties to the client (e.g., competence, confidentiality, conflicts of interest, consultation) as well as to third parties, the courts and the public. We will examine standards of civility and the need to treat others with courtesy and respect. Particularly, this course will focus on ethical issues of interest to civil litigators. These include ethical dimensions of settlement negotiations, discovery and evidence gathering and especially e-discovery (e.g., inadvertent disclosure of confidential information, the use of deception in undercover investigations), and client and witness perjury, interviewing and coaching. This is a discussion course which will employ both hypothetical problems and those that have arisen in the experience of the Professors to think through ethical issues confronted by practicing lawyers. Our class discussions will be broad-reaching and may include experiences from practicing lawyers who have faced similar issues.
|Partial list of professors who teach or have taught this course:|
|David Ellenhorn and Fred Newman||Spring 2014|