As attorneys we are taught to zealously defend our clients. However, in some instances there is a fine line between zealously defending your client and crossing ethical boundaries.
In this presentation, attorney David Cameron Carr discusses the ethical considerations of an attorney’s duties toward clients & third parties in negotiation, using “means consistent with truth” when dealing with courts and the ethics of mediation. Further topics addressed include the duty of honesty, the applicable discipline standard for dishonest conduct, ABA Model Rule 4.1 “Truthfulness In Statements To Others,” the Trial Conduct Rule and reconciling Candor to the Court v. the Duty of Confidentiality.
David Cameron Carr is an attorney in private practice in San Diego, California. He specializes in legal ethics and the law of lawyering, including discipline defense, bar admissions, attorney fee disputes, legal malpractice, attorney professional responsibility and ethics advice. Mr. Carr graduated from Loyola Law School in 1986 and was admitted to the California Bar that year. After practicing in business litigation and commercial law, Mr. Carr spent 12 years as staff attorney, discipline prosecutor and manager at the State Bar of California, before returning to private practice in 2001. He is an active member of the San Diego County Bar Association, where he serves on the Legal Ethics Committee.