Professional Responsibility in Litigation

Addressing the numerous and significant professional responsibility challenges in litigation, this compendium traces the ethical issues in the life of a lawsuit from start to finish. In discussing the various subjects, the authors broadly define “professional responsibility” to include not only legal ethics but also the related issues of sanctions and professional liability.

This completely revised edition now includes new chapters on conflicts of interest and accidental and impromptu clients, and also provides a wider discussion of social media ethics in a focused chapter on this evolving topic. All other chapters have been substantially updated and, in some cases, prudently condensed for ease of use and provide ample citations to authority to guide readers in their own research.

Each chapter covers a key aspect of litigation in depth, compartmentalizing the subjects so that readers do not have to jump back and forth between chapters to understand the principles and rules in play. Topics covered include:

• Conflicts of interest
• Pre-suit investigation and frivolous claims
• Surreptitious investigations and discovery
• Compensating fact witnesses
• Ex parte communications
• Civility and candor
• False testimony by clients and witnesses
• Lawyers as witnesses
• Negotiation and settlement
• Social media
• Accidental and impromptu clients
• Ethics on appeal, and more