Attention:
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Lies, Damned Lies, and Alternative Facts


Level: Intermediate
Runtime: 63 minutes
Recorded Date: October 11, 2018
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Agenda


  • Identify lawyers' differing duties of candor under the Model Rules
  • Discuss the scope of lawyers' duty of candor under Model Rules 1.2, 1.6, 3.3, 4.1, and 8.4
  • Outline how to distinguish between candor required by the Rules and how the Rules' knowledge requirement does or does not affect that duty, as well as how the Rules address the conventions of negotiation and lawyer as evidence gatherer
Runtime: 1 hour
Recorded: October 11th, 2018

Description

Everyone knows that lawyers are not allowed to lie—to clients, courts, or third parties. But once you get beyond deliberate false statements, the scope of the obligations relating to truth and integrity become less clear. What about reckless and negligent statements that are false? What about misleading statements and implications about the extent of your knowledge (e.g., "I don't know," when you do have some knowledge). What about omissions—which are okay, and which are impermissible? When is it okay to exploit someone else's misapprehension and when do you have to correct it? What about false and misleading statements where nobody is fooled (e.g., sellers' concessions)? What about misleading conduct in one's personal, rather than professional, capacity? And given the gray areas, how should lawyers be sanctioned for impermissible deceit that does not involve an outright, boldfaced lie?

This program was recorded on October 11th, 2018.

Provided By

American Bar Association
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Panelists

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Rebecca Roiphe

Professor of Law
New York Law School

Rebecca Roiphe is a law professor at New York Law School. She has her Ph.D in American History from the University of Chicago and her J.D. from Harvard Law School. She teaches Professional Responsibility and Criminal Practice.

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Nicole Hyland, Esq.

Associate
Frankfurt Kurnit Klein & Selz, PC

Nicole Hyland is an associate in the Litigation Group. She handles a wide variety of cases, including commercial business disputes, intellectual property matters, securities lawsuits and arbitrations, employment disputes, and legal malpractice cases. Ms. Hyland volunteers as an arbitrator with the New York Small Claims Court and is a lecturer on arbitration laws and procedures. She also conducts CLE presentations on legal ethics, and counsels individual attorneys and law firms on their professional responsibilities. Ms. Hyland currently serves as the News Editor of Entertainment Law Matters (www.entertainmentlawmatters.com), a Frankfurt Kurnit blog about disputes and developments in the film, television, publishing, theatre, music, art, gaming, and fashion industries.

Prior to Frankfurt Kurnit, Ms. Hyland was associated for two years with Skadden, Arps, Slate, Meagher & Flom LLP where she worked primarily on international arbitrations. Ms. Hyland graduated with honors from Fordham University School of Law (2002, Cum Laude, Order of the Coif) where she was notes and articles editor of the Fordham Law Review and published, "On the Road Again: How Much Mileage is Left on the Privileges or Immunities Clause." She participated in Fordham's Justice and Welfare Clinic, representing Welfare recipients in connection with benefit claims and housing matters. She is a member of the New York State Bar and the Association of the Bar of the City of New York.

She graduated from Columbia University (BA, 1990) where she was active in student government.

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Bruce Green

Louis Stein Professor & Director of the Louis Stein Center for Law and Ethics
Fordham Law School

Professor Bruce A. Green is the Louis Stein Professor at Fordham Law School, where he directs the Louis Stein Center for Law and Ethics. He teaches and writes primarily in the areas of legal ethics and criminal law, and is involved in various bar association activities, including many in the field of legal ethics. He is a member and past chair of the NYSBA's ethics committee and a member of the NYSBA's Committee on Standards of Attorney Conduct, as well as a member of the ABA's ethics committee and a former member of the City Bar's ethics committee. He serves on the Multistate Professional Bar Examination drafting committee and is Chair of the ABA Criminal Justice Section. He formerly served on the NYC Conflicts of Interest Board and on the Departmental Disciplinary Committee. Before joining the Fordham faculty in 1987, Professor Green was a law clerk to Judge James L. Oakes and Justice Thurgood Marshall and an Assistant U.S. Attorney and Chief Appellate Attorney in the Office of the U.S. Attorney for the Southern District of New York.


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