Understand the ethical rules and related substantive rules regarding the duty to conduct witness interviews and investigations.
In the litigation process and preparing the case, it is necessary to interview third-party witnesses. Questions often arise if the interview is ethical and permissible or prohibited. The repercussions of improperly contacting a witness or discussing certain matters can result in sanctions against the attorney, including disqualification, and can result in disqualification of the witness. Accordingly, when interviewing witnesses and conducting investigations, the attorney needs to be aware of the Rules of Professional Conduct to define the permissible scope of the investigation. Likewise, attorneys need to comply with the limitations of coaching a third-party witness. This topic will address the ethical rules and related substantive rules regarding the duty to conduct witness interviews and investigations and the effects of impermissible conduct by the attorney or someone working at the direction of the attorney. This material will also discuss the scope of permissible coaching of a third-party witness.
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Duty to Investigate
- Duty to Conduct Investigations
- Competency
- Court Disclosures
- Pretext Investigations
- Rules of Honesty Regarding Investigation
Communications With Former Employees of Adversary
- Non-Privileged Matter
- Binding Effect on Former Employer
Third Parties and Pretext Investigations
Coaching Witness
- What Is Permissible?
- What Is Not Permissible?
- Documentation - Discovery and Disclosure Issues
Repercussions of Unethical Investigations
Dishonest Witness - Ethical Duties
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 22, 2021.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.5 including Ethics 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.50 hours of ethics credit.
- CA MCLE 1.5 including Ethics 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
- CO CLE 2.0 including Ethics 2
- Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hour(s) including 2.0 ethics credit(s).
- NM CLE 1.5 including Ethics 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
- NV CLE 1.0 including Ethics 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours, including 1.50 hours of ethics credit.
- NY CLE 1.5 including Ethics and Professionalism 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- WA CLE 1.5 including Ethics 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
John A. Snow
Parsons Behle & Latimer
- Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
- Practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense
- Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation, and construction
- Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law and as a Super Lawyer in the Mountain States in Super Lawyer Magazine
- Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
- Can be contacted at [email protected] or 801-536-6772
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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