9620 Employment Litigation Ethics: Evidence and Settlement Issues
Price: $ 119.00 (USD)
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You will receive 1 credit (CE) upon completion of this course.
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Course Description
Zealous representation in employment cases can quickly lead to ethical challenges and temptations for both plaintiff�s and defendant�s counsel. This course addresses attorney ethics in the context of employment litigation. A group of experienced employment lawyers and federal judges discuss a number of ethical issues, including acceptable and improper statements and tactics in settlement negotiations, representing multiple clients against the same defendant, and the rules and regulations regarding spoliation of evidence.
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Course Outline
Employment Litigation Ethics: Evidence and Settlement Issues
I. Ethics of Settlement Negotiations
A. Statements Made in Settlement Talks
1. Model Rule 4.1
2. Ausherman v. Bank of America Corp.
3. Statements About Damages
4. Room for Negotiation
5. Judge’s Role in Settlement
6. Blatant Lies Versus Puffery
7. Weak Lawyers Pay
8. Rule 408
9. Confidentiality of Settlement Talks
10. Mediator or Judge?
11. Handling Poor Lawyering
B. Confidentiality Agreements
1. Multiple Representations
2. Agreements Losing Favor
3. Employer Statements
4. Multiple Clients Hypothetical
5. Hypothetical Question
C. Retaining Opposing Attorney
II. Spoliation of Evidence
A. Park v. City of Chicago
B. Federal Regulations
C. Best Evidence Rule
D. Adverse Inference Rule
E. Fabricated or Destroyed Evidence
AfterWordsSM
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I. Ethics of Settlement Negotiations
A. Statements Made in Settlement Talks
1. Model Rule 4.1
2. Ausherman v. Bank of America Corp.
3. Statements About Damages
4. Room for Negotiation
5. Judge’s Role in Settlement
6. Blatant Lies Versus Puffery
7. Weak Lawyers Pay
8. Rule 408
9. Confidentiality of Settlement Talks
10. Mediator or Judge?
11. Handling Poor Lawyering
B. Confidentiality Agreements
1. Multiple Representations
2. Agreements Losing Favor
3. Employer Statements
4. Multiple Clients Hypothetical
5. Hypothetical Question
C. Retaining Opposing Attorney
II. Spoliation of Evidence
A. Park v. City of Chicago
B. Federal Regulations
C. Best Evidence Rule
D. Adverse Inference Rule
E. Fabricated or Destroyed Evidence
AfterWordsSM
More Information
| Language | English |
| Course Length | 1.20 hours |
| Duration of Access | for 3 months from day of enrollment |
| Continuing Education Credits | 1 |
| Instructor | James K. Bredar, Andre M. Davis, Edward T. Ellis, John M. Facciola, Robert B. Fitzpatrick, Paul W. Grimm, Debra S. Katz |
| Vendor | Cognistar (Read more about Cognistar accreditation.) |
| Course Certification | CLE credit available, see details for each course for states where available |
| Prerequisites/Audience | intended for attorneys and law students |
| Requirements/Materials Included | computer with Internet access |
Price: $ 119.00 (USD)
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