Zealous Construction Litigation: Staying Within Ethical Bounds
2 PM GMT
Construction litigators owe an obligation to their clients to be fierce and effective advocates. But where is the line drawn between zealous advocacy and ethical misconduct? There are numerous scenarios within a civil construction dispute where the line could be crossed: (1) threatening criminal prosecution against the opposing party; (2) threatening to report the opposing party to the professional licensing board; (3) threatening to report misconduct of the opposing party's counsel to the state bar; (4) dual-representation of a contractor and its surety; and (5) speaking with the press or airing the matter through social networking third parties. Which of these strategies, if any, cross the ethical line?
Attend this program to:
- Recognize when threatening to report misconduct outside of the civil litigation process could raise ethical questions.
- Learn how lawyers may become parties to or witnesses in litigation and the ethical issues this raises.
- Identify issues and disclosures required to provide dual-representation to a contractor and either its surety or subcontractor.
- Understand when it is permissible and appropriate to talk with the press and publicize matters through social media.
Dennis A. Rendleman
Center for Professional Responsibility
American Bar Association
Aaron P. Silberman
Rogers Joseph O’Donnell