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Contacts with Represented and Unrepresented Persons: Ethics Issues for D.C. Lawyers *Class by Webinar*

November 13, 2018
Credit: 2.0 Ethics Hours

Description: There are many times when a lawyer or individuals working for a lawyer may want or need to contact unrepresented persons – and these situations pose significant ethics risks. In addition, there are times when a lawyer may want to contact a represented person directly, but ethics rules often prohibit lawyers from doing so. This class begins with a practical introduction to the relevant ethics rules for D.C. lawyers, and then moves to a discussion of practical scenarios that illustrate how these rules apply in a variety of settings, including contacts with:

• In-house counsel
• Former employees of a business that is represented by counsel
• Government officials - in litigation and outside the litigation context
• Unrepresented parties for the purpose of potentially representing those parties.

You also will learn what to do when a represented party initiates a direct contact with you and what law applies when litigation or witnesses are located outside of the District of Columbia. The class looks at the ethics dos and don’ts of using investigators (or others) to contact unrepresented individuals in cases. Finally, the class considers some scenarios that can cause problems relating to the prohibition on contact with unrepresented parties including discrimination tester cases, trademark and franchise investigations, and government undercover work and national security cases.

Faculty: Thomas B. Mason, Harris, Wiltshire & Grannis LLP

Fee: $89 D.C. Bar Community Members; $99 D.C. Bar Members; $109 Government Attorneys; $129 Others

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Thomas Mason, Harris, Wiltshire & Grannis LLP

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