Taking the High Road: How to Deal Ethically with Bullies Who Don’t Play by the Rules

Many attorneys practice with the misconception that their ethical duties require overly aggressive advocacy. Attorneys who bully, break ethical rules, and misuse their positions often excuse their bad behavior by referencing a “duty” to zealously advocate on behalf of their clients. These unprofessional adversaries misunderstand the Model Rules and the obligations that they impose on attorneys. In fact, their conduct violates ethical rules and exposes them to sanctions. In order to deter bad behavior and to encourage practice with civility, we must use the tools available to us under the Model Rules, the Federal Rules of Civil Procedure, and 28 U.S.C § 1927 to call unprofessional adversaries to task by reporting unethical acts, and in some cases, asking for sanctions.

This program, presented by Founder of Griesing Law LLC, Francine Friedman Griesing, covers several ethical issues arising out of aggressive litigation practices and presents an array of tools to use when dealing with opposing counsel who engage in those practices.

Learning Objectives: 

1. Understand the ethical rules and guidelines around professional conduct
2. Discuss the common ethical challenges relating to aggressive client advocacy
3. Learn appropriate responses to counsel who cross the ethical line