Professional Responsibility in Litigation

Facing numerous professional responsibility challenges, trial and appellate lawyers must handle significant problems that can arise suddenly or in difficult circumstances. Written by experienced trial and appellate lawyers, this updated edition focuses on the responsibilities of practicing lawyers. Organized as an anthology with chapters that trace the life of a lawsuit from start to finish, each chapter covers a key aspect of litigation in depth. It begins with an examination of the professional responsibility issues attending pre-suit investigations and the initiation of litigation, and concludes with a discussion of the professional responsibilities unique to appellate lawyers. The law in this area is dynamic, especially regarding the emerging areas of electronic communication and electronically stored information. The chapter on the ethics of e-discovery has been completely revised to address the many ways that this area has changed, including the increasing role of social media in litigation and the nuanced professional responsibility issues it poses. In addition, key issues are examined, including: Pre-suit investigation Co-counsel and referral relationships Surreptitious investigations and discovery Ex parte communications Receipt and release of confidential information Expert witness conflicts of interest False testimony Lawyers as witnesses; and moreThe ABA's Model Rules of Professional Conduct have served as the standard for the sake of practicality and uniformity. Professional responsibility is a dynamic subject, and answers to thorny questions often pivot on the facts and variations of state law. Accordingly, this updated edition provides ample citations to authority--principally cases and ethics opinions--to assist readers in their own research.