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Can I Get A Witness (to talk to me)? Ethics CLE
Every Tennessee lawyer knows there is an ethical restriction on communicating with someone represented by counsel. When the parties to a case are individuals, resolving questions about whether they are represented by counsel and whether the communication would relate to the matter in which they are being represented are straightforward. When one or more parties to a matter are organizational entities, however, questions can be (or at least can seem to be) less clear. This program will explore the interrelationship between RPC 1.13 governing representation of organizational entities and RPC 4.2 on communication with represented persons. Along the way, Parke Morris, whose practice is almost exclusively on the plaintiff's side of matters, and Brian Faughnan, Chair of the TBA Ethics Committee and a lawyer who is more often than not on the defense side of matters, will discuss practical guidance in approaching these issues.
SAVE MONEY: Use the prepaid CLE credits that come with your TBA Complete Membership and take this course for free. Not a TBA member, join now to start saving.
Speakers/Producers
- Brian Faughnan, Faughnan Law, PLLC, Memphis
I am a sole practitioner and owner of Faughnan Law, PLLC, located in Memphis. Prior to founding my firm, I practiced law for twenty-three years in large and mid-sized full-service law firms....
- Parke Morris, Parke Morris & Associates, Memphis
A former defense lawyer who clerked for an appellate judge out of law school and previously represented health care providers and Fortune 500 companies, Parke limits his practice at this time to the...
This course is no longer available for purchase.
- Ethics Credit
- Dual PowerPoint and video presentation
- Viewable on desktop, iPad, and mobile
- Flexible to your schedule
General Credits: 0.00
Total Credits: 1
This program will be filed for Tennessee CLE credit. Please email a request to cle@tnbar.org for Georgia and Mississippi CLE credit.
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I have worked with non-disclosure agreements, and I don't believe it is lawful that they be used for the employee to avoid testifying if subpoenaed; they are to be used for the purpose of preventing disclosure of trade secrets to competitors.
Excellent discussion...both presenters clearly expert in the topic matter.
Very well done. Held my attention and I learned a lot on the subject.
Very well done; both presenters were very knowledgeable.
What great practical tips for the litigator.
Excellent program. Great job by the presenters.
Outstanding presentation with practical, real world examples specifically connected to particular ethics rules. Quite refreshing to see collegial adversaries agreeing to disagree on various hypotheticals. Also, loved that it was loud enough to be heard throughout the entire presentation! Kudos to the videographer.
Not my area of the law - but interesting nonetheless.
Enjoyed the seminar.
This was a very clear presentation on an important topic. The speakers did an excellent job of holding my attention.
Very interesting presentation.
One of best CLE programs I have seen in a long time!
The subject of when and to whom an attorney can speak in a witness capacity is always challenging. This course clarified a few of the subtler issues I've come across. Well done.
Great combination of ethics insights and practical tips.
Very good program!
This was a really great program.
Interesting and multi layered.