Attention:

Pants on Fire: The Duty of Candor Before Tribunals, in Discovery, and During Negotiations


Level: Advanced
Runtime: 92 minutes
Recorded Date: December 18, 2017
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Agenda

  • The Duty of Candor in Discovery
  • The Duty of Candor Before Tribunals
  • The Duty of Candor During Negotiations
  • Conclusions
Runtime: 1 hour and 32 minutes
Recorded: December 18, 2017

Description

In this program, the following questions to be addressed:
  • Do the Model Rules of Professional Conduct permit lawyers to misstate facts, omit material facts, or mislead others? Specifically, what disclosure obligations are imposed by Model Rule 3.3 (Candor Toward a Tribunal); Model Rule 3.4 (Fairness to Opposing Party and Counsel); and Model Rule 4.1 (Transactions with Persons Other Than Clients)?
  • Does every statement (or omission) by a lawyer fall under the Rules of Professional Conduct?
  • Does Model Rule 1.6 (Confidentiality of Information) restrict or limit a lawyer’s duty of candor?
  • To what degree can a client control what information the lawyer discloses to tribunals or adverse parties?
This program was recorded on December 18th, 2017.

Provided By

American Bar Association

Panelists

Douglas Richmond

Managing Director
AON Risk Solutions

Doug Richmond is Managing Director of Aon’s Professional Services Group. Aon’s Professional Services Group is the world’s largest broker of insurance for law firms.

Doug consults with Aon’s 275 law firm clients on professional responsibility and liability issues, and additionally leads Aon’s loss prevention and claims advocacy efforts for all professions.

Before joining Aon, Doug was a partner with Armstrong Teasdale LLP in Kansas City, Missouri (1989–2004), where he had a national trial and appellate practice. In his time at Armstrong Teasdale, he tried over 40 major cases as “first chair” and was often engaged to handle appeals of cases tried by other lawyers.

In 1998, he was named the nation’s top defense lawyer in an insurance industry poll as reported in the publications Inside Litigation and Of Counsel.

He is a member of the ABA’s Standing Committee on Ethics & Professional Responsibility (2016–19). He is also a member of the American Bar Foundation, American Law Institute (ALI), American Board of Trial Advocates (ABOTA), International Association of Defense Counsel (IADC), and Federation of Defense and Corporate Counsel (FDCC).

Doug has also been selected to The Best Lawyers in America in the areas of legal malpractice, personal injury litigation, and railroad law. In 2003, the Euromoney Legal Media Group named him as one of the nation’s top insurance and reinsurance lawyers.

Doug is the lead author of the book Professional Responsibility in Litigation (2d ed. 2016), and the co-author of an insurance law treatise, Understanding Insurance Law (5th ed. 2012) and an insurance law casebook, Cases and Materials on Insurance Law (7th ed. 2013). He is also a named editor of the New Appleman Insurance Law Practice Guide. He has published more than 60 articles in university law reviews, and many more articles in other scholarly and professional journals.

Doug teaches Legal Ethics at the Northwestern University School of Law, and Insurance Law and a seminar on Liability Insurance Law at the University of Florida College of Law. He previously taught Trial Advocacy and Insurance Law at the University of Kansas School of Law, and Insurance Law and a seminar on Damages at the University of Missouri School of Law. Doug is also a regular NITA faculty member, teaching both deposition and trial skills.

Doug earned his J.D. at the University of Kansas, an M. Ed. from the University of Nebraska, and his B.S. from Fort Hays State University.

Dolores Dorsainvil

Adjunct Professor
American University Washington College of Law

Dolores Dorsainvil is an Assistant Disciplinary Counsel with the D.C. Office of Disciplinary Counsel where she investigates, and where necessary, prosecutes District of Columbia lawyers for ethical misconduct. Dolores is also an Adjunct Professor at American University’s Washington College of Law where she teaches legal ethics to second year law students. Dolores is formerly an Assistant Bar Counsel with the Attorney Grievance Commission in Maryland. Prior to that, she worked in a small Maryland law firm practicing personal injury law.

Dolores is licensed in Maryland and the District of Columbia and received her J.D. from American University’s Washington College of Law, and her undergraduate degree in Urban Studies and Public Policy from Boston University.

Dolores is most passionate about serving the legal community while promoting professionalism and the integrity of the profession. Dolores is the immediate Past Chair of the Ethics Committee of the Maryland State Bar Association (2015-2015), is a member of the Maryland Bar Foundation, and is an appointed member of the Maryland State Bar Association Professionalism Committee, teaches the mandatory Professionalism Course for new admittees in the District of Columbia and Maryland, and is the Past Co-Chair of the Ethics & Professionalism Committee of the ABA Young Lawyers Division.

Dolores serves in leadership roles within local and national bar associations, including her service as an appointed member of the ABA’s Standing Committee on Professionalism (2015-2018), past appointed member of the Standing Committee on Professional Discipline for the ABA (2012-2015), past ABA Fellow (2010), past Co-Chair of the Education Committee for the MSBA Young Lawyers Section, past Co-Editor of The Advocate, the official publication of The Maryland State Bar Association (“MSBA”), Young Lawyer’s Section (2007-2010), Past Fellow of the MSBA Leadership Academy (2006), former Co-Chair of the Judicial Selections Committee of the Women’s Bar Association of Maryland (2009-2010), and Past President of the Black Women’s Bar Association of Suburban Maryland (2002-2004).

Dolores has received significant recognition for her work and dedication and is the recipient of the Finalist award for the ABA Young Lawyer’s Division National Outstanding Young Lawyer of the Year 2011, the ABA’s Center for Professional Responsibility Rosner and Rosner Young Lawyers Professionalism Award 2012, the 2012 Edward F. Shea Professionalism Award given by the Maryland Bar Foundation, the Daily Record’s Maryland Top 100 Women award, May 2013, the Daily Record’s Leadership in Law, November 2013, and the Daily Record’s Maryland Top 100 Women award, June 2015.

Besides her professional work, Dolores is active in her community. She is a member and Host for the Media Ministry of The New Macedonia Baptist Church in Washington, D.C. She is also the Chair of the Board of Directors for the Dorsainvil Foundation, Inc., her family’s foundation which provides free healthcare to the residents of Haiti through bi-annual medical missions.

Hon. John Facciola

United States Magistrate Judge (Retired)
United States District Court of the District of Columbia

Magistrate Judge Facciola was appointed a United States Magistrate Judge in the District of Columbia in 1997. 

He received an A.B. in 1966 from the College of the Holy Cross and a J.D. in 1969 from the Georgetown University Law Center. 

Following law school, Magistrate Judge Facciola served as an Assistant District Attorney in Manhattan from 1969 to 1973, and was in private practice in the District of Columbia from 1974 to 1982. He joined the U.S. Attorney's Office in 1982 and served as Chief of the Special Proceedings section from 1989 until his appointment as Magistrate Judge. 

Magistrate Judge Facciola is an adjunct professor of law at Catholic University. He is also a fellow of the American Bar Foundation and a member of the Board of Governors of the John Carroll Society.

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