Report

Ethical Issues in Discovery

 
The purpose of this article is to encourage a thoughtful analysis and discussion of the ethical obligations that lawyers have when conducting discovery, particularly depositions. The scope of this discussion does not include possible remedies for inappropriate conduct by counsel in conducting discovery. It is not the intent of this article to address all ethical issues that may arise in the discovery process. The article is not intended to be an advisory opinion on what conduct is or is not ethical under the Missouri Rules Of Professional Conduct. Those issues are properly within the province of the Office Of Chief Disciplinary Counsel and the Missouri Supreme Court.

The focus of this discussion will be on two issues that seem to arise frequently.

The two issues are...
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Ethical Issues in Discovery

Agenda

INTRODUCTION
PROFESSIONAL MISCONDUCT AND THE RULES OF PROFESSIONAL RESPONSIBILITY3
THE SCOPE OF DISCOVERY PERMITTED BY RULE 56.01(b) AND PRESERVATION OF OBJECTIONS UNDER RULE 57.07(c) HAVE IMPLICATIONS FOR THE CONDUCT OF AN ATTORNEY DURING A DEPOSITION
ARE “SPEAKING OBJECTIONS” THAT AFFECT, OR MAY INFLUENCE, THE ANSWERS GIVEN BY A SWORN PARTY OR A WITNESS IN A DEPOSITION SETTING ETHICAL?
WHAT ARE THE ETHICAL CONSIDERATIONS OF SERVING A RULE 57.03(b)(1) NOTICE OF DEPOSITION WITH A SUBPOENA DUCES TECUM ON A NON-PARTY WITNESS, GIVING THE
WITNESS THE OPTION TO SEND A COPY OF THE RECORDS TO THE LAWYER RATHER THAN APPEARING FOR THE DEPOSITION?
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Faculty

W. Stephen Nixon

W. Stephen Nixon

Jackson County Courthouse

  • Charter officer of Jackson County, Missouri, serving as county counselor
  • Has responsibility for all civil law matters affecting Jackson County, Missouri, including administrative issues, litigation, contracts, Missouri Sunshine Law requests and litigation issues, legislation and resolutions
  • Member of the Missouri Bar Association; UMKC Law Alumni Association; Eastern Jackson County Bar Association - past president;
  • Kansas City Metropolitan Bar Association; and International Municipal Lawyers Association
  • Has been a frequent presenter at the Missouri Judicial College Education Program, and at various local continuing legal education programs
  • Served as a circuit judge in Jackson County, Missouri for 13 years
  • J.D. and B.A. degrees, University of Missouri, Kansas City
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