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Ethics in Claims and Settlements

Vorys attorney Liz Simon presented a webinar titled “Ethics in Claims and Settlements” hosted by Professional Education Broadcast Network on December 1, 2015.

She discussed the following topics:

  • Ethics in drafting claims and pleadings – and in settlement negotiations
  • Duty to investigate client facts before filing a claim versus duty to investigate the law
  • Conflicting approaches of ethics rules and the courts sanctioning ghostwriting litigation
  • Understanding when you are required to be candid and when you are allowed to be silent or engage in “puffery”
  • Tension between duty of loyalty to client and duties as officer of the court
  • Ethics of serving unenforceable subpoenas in the hope of obtaining witness cooperation
  • Ethics in settlements—silence about facts, the law, mistakes in settlement documents, and the death of witnesses
  • Enforceability of settlement agreements and ethics challenges

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