Lies, Damned Lies, and Alternative Facts (On-Demand CLE)

    Lies, Damned Lies, and Alternative Facts (On-Demand CLE)
    ETHICS 60 min

    Lies, Damned Lies, and Alternative Facts (On-Demand CLE)

    Through a series of hypothetical fact patterns, faculty will explore the issues of attorney candor, the parameters of what constitutes a misrepresentation, and the consequences for violating one’s duty of candor.
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    Everyone knows that lawyers are not allowed to lie—to clients, courts, or third parties. But once you get beyond deliberate false statements, the scope of the obligations relating to truth and integrity become less clear. What about reckless and negligent statements that are false? What about misleading statements and implications about the extent of your knowledge (e.g., "I don't know," when you do have some knowledge). What about omissions—which are okay, and which are impermissible? When is it okay to exploit someone else's misapprehension and when do you have to correct it? What about false and misleading statements where nobody is fooled (e.g., sellers' concessions)? What about misleading conduct in one's personal, rather than professional, capacity? And given the gray areas, how should lawyers be sanctioned for impermissible deceit that does not involve an outright, boldfaced lie?

    Brought to you by the ABA Center for Professional Responsibility – your source for timely and valuable national updates. In this program, faculty will:
      • Identify lawyers' differing duties of candor under the Model Rules of Professional Conduct
      • Discuss the scope of lawyers' duty of candor under Model Rules 1.2, 1.6, 3.3, 4.1, and 8.4
      • Outline how to distinguish between candor required by the Rules and how the Rules' knowledge requirement does or does not affect that duty, as well as how the Rules address the conventions of negotiation and lawyer as evidence gatherer

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    ABACLE , Business Law Section , Center For Professional Responsibility , Government and Public Sector Lawyers Division , Law Practice Division , Section of Family Law , Section of Litigation , Solo, Small Firm and General Practice Division

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