WebCredenza 2024 The ethics of bad facts and bad law

Every lawyer wrestles with how to handle facts or law that is unfavorable to a client. There is a natural tension between a lawyer’s duty to be honest, on the one hand, and the lawyer’s duty to provide zealous representation of a client.  In some instances, bad facts or bad law must be disclosed. In other instances, disclosure is not required. How this tension is resolved involves substantial ethical issues. This program will discuss the ethics issues involved and how they may be resolved in a practical setting. Ethical issues surrounding the representation of adverse facts to tribunals and adversaries

• Disclosure of adverse legal precedents.
• Required discloses of bad facts or law.
• Timing issues – when must the disclosure occur?
• Related issues of confidentiality and the attorney-client privilege.
• Ex parte communications with the courts – what’s ethically permissible, what’s not?

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.