DESCRIPTION
Hard Ball vs. Foul Play: The Ethical Limits of Zealous Advocacy
Lawyers are expected to play hard for their clients, but they still have to play fair. In this entertaining and practical program, legal humorist Sean Carter uses a baseball-themed approach to explore the ethical limits of zealous advocacy, from aggressive discovery and hard-nosed negotiation to threats, deception, retaliation, attacks on judges, and vexatious litigation. Through real-world cases, attendees will learn how to recognize when legitimate hardball crosses the line into foul play and how to stay firmly inside the ethical strike zone.
In this program, attorneys will be reminded of the ethical "foul lines" that distinguish playing hard ball from engaging in foul play. In keeping with the baseball theme, the following will be discussed:
- Foul Tips vs. Stealing Signs: Learn how to pursue the "smoking gun" aggressively without improperly obtaining confidential or protected information;
- The Brushback Pitch vs. The Beanball: Recognize when legitimate litigation and settlement pressure crosses the line into threats, harassment, retaliation, or intimidation;
- Swinging for the Fences vs. The Corked Bat: Distinguish creative and aggressive legal advocacy from dishonesty, deception, fabrication, and other forms of cheating;
- Challenging the Call vs. Getting Tossed: Understand the difference between properly challenging adverse rulings and improperly attacking judges, tribunals, and other legal officials;
- Beware of Extra Innings: Identify when persistence becomes frivolous, vexatious, or abusive litigation and recognize when it is finally time to call the game; and
- Play Hard, But Play Fair: Develop practical strategies for zealously representing clients while staying firmly inside the ethical strike zone.
Disclaimer: All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.