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OnDemand Course

Ethical Traps of a Lying Client

Save your reputation - understand how to deal with and remove yourself from a dishonest client.

Attorneys have or will be confronted with a situation where the client or client representative or even a third party aligned with the client, is or appears to be misrepresenting facts, i.e. lying. This occurs in all practice areas, not just divorce, transactional and litigation settings. The detection of a dishonest client and immediate resolution of the issue created by the dishonesty, will not only save an attorney's reputation, but may also result in the avoidance of bar complaints, litigation against the attorney and uncompensated involvement in regulatory oversight. Although attorneys may like to think they will never have to address this situation, the fact is some clients will act in a dishonest manner under the right circumstances. This topic is designed to explain the duties of the attorney who has a dishonest client. Those duties run not only to the client, but to third parties and tribunals, and will vary depending on the circumstances and setting. This topic will also provide guidance on withdrawal by the attorney from the matter in an ethical manner.

89 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 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

Obligations of Confidentiality

  • General Rule of Confidentiality
  • Permissive Exceptions to the General Rule
  • Mandatory Exceptions to the General Rule
  • Scope of Duty With a Dishonest Client

Duties of Honesty and Disclosure to Third Parties

  • What Is Dishonesty and Lying?
  • Degrees of Dishonesty - Active and Passive
  • Negotiating, Opinions and Facts
  • When the Attorney Has Not Made the Misrepresentations
  • When the Attorney Has Made an Unknowing Misrepresentation

Duties of Honesty and Disclosure to Tribunals

  • When the Attorney Knows of the Client's Dishonesty
  • Future or Past
  • When the Attorney Learns of a Third Party's Dishonesty
  • Future or Past
  • Remedial Action - When and How

Withdrawal Options

  • Duties on Withdrawal
  • Noisy Withdrawal

Civil Liability of the Attorney

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Why Lorman?

Over 35 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 12, 2020.

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).
     
  • NC CLE 1.25 including Ethics 1.25
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.25 CLE hours, including 1.25 hours of ethics credit.
     
  • 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.
     
  • 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.
     
  • OR CLE 1.5 including Ethics 1.5
     
  • Approved for 1.5 CLE credits in Oregon, including 1.50 hours of ethics credit.
     
  • 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.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE 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.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 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

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‚Äôs 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 801-536-6772 or [email protected]
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Why Lorman?

Over 35 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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Product ID: 407957
Published 2020
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