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Ethics: Just Win Baby? Ethical Considerations and Litigation Tactics in High Stakes Cases


Level: Advanced
Runtime: 61 minutes
Recorded Date: January 18, 2022
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Agenda

  • How does the duty of competency affect choices in litigation tactics?
  • Do clients have the right to be wrong, and must the lawyer acquiesce to the client's position?
  • What role, if any, does good faith play in determining whether a case is frivolous?
  • Do the lawyer's duties change when bringing a challenge to a law which the lawyer believes in good faith to be illegal or unconstitutional?
Runtime: 1 hour
Recorded: January 18, 2022

For NY - Difficulty Level: For experienced attorneys only (non-transitional)
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

How much freedom do lawyers have to present claims based on dubious assertions by a client in supporting documents or advocate legal positions contrary to existing precedent? This session will address the lawyer's obligation to follow client direction, how to consider moral and other factors in presenting a cause of action, responsibility to verify materials filed in court, duties of candor to tribunals and third parties, and the implications of local attorney assistance in a case directed by other counsel.

This program was recorded on January 18th, 2022.

Provided By

American Bar Association
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Panelists

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Andrew Demetriou

Partner
Lamb & Kawakami LLP

Andy Demetriou is a corporate counselor and strategic advisor with deep experience in the health care industry. During his 25 years as a Partner at Jones Day LLP and Fulbright & Jaworski LLP (now Norton Rose Fulbright US LLP), two of the largest law firms in the world, he served as a leader of both corporate and healthcare practice groups as well as holding leadership roles on firm committees that addressed opinion practices, professional responsibility and client relations.

He conducts a broad ranging corporate practice, devoting substantial time to mergers, acquisitions, corporate governance issues and strategic counseling for companies in many sectors of the economy, including private equity backed buyers and sellers. During his career he has advised developmental stage companies as well as members of the Fortune 50. He has developed expertise in the legal issues affecting the healthcare industry over the past 25 years and has a national reputation as a lawyer in this field. His clients include nonprofit and for-profit hospitals and hospital systems, health plans, physician organizations and specialty services providers, who rely on his advice in transactions, network and strategic development, regulatory compliance and corporate governance.

Andy counsels nonprofit organizations outside of the health care industry on governance, transactions and tax compliance issues. In addition he is called upon by individuals with sophisticated business interests for his legal and practical judgment on investments, charitable activities, succession planning for family enterprises and disputes. Andy is a nationally known author and speaker on topics including legal issues affecting the health care industry, corporate transactions, corporate governance and compliance, legal and business ethics and professional responsibility. In recent years he has made presentations at over 100 conferences sponsored by organizations such as the American Bar Association, American Health Lawyers Association, California Continuing Education of the Bar, the Colorado Bar Association, the New Mexico State Bar, the State Bar of Texas, the Los Angeles County Bar Association, Practising Law Institute, and the California Society of Association Executives.

His legal writings have appeared in publications of the American Bar Association, American Health Lawyers Association, the Bureau of National Affairs (now Bloomberg Legal), American Lawyer Media, and the Los Angeles County Bar. He recently contributed (with William W. Horton) a chapter on The Role of Directors in Corporate Compliance published in the Annual Health Law and Compliance Update (Aspen 2015).

He also maintains a consulting practice as a Managing Director of Berkeley Research Group, LLC where he provides advice on strategy, transactions and health analytics as well as expert services.

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Lisa D. Taylor

Partner
Inglesino, Pearlman, Wyciskala & Taylor, LLC

Lisa D. Taylor is a founding partner of Inglesino, Webster, Wyciskala & Taylor and concentrates in health care law. She also handles business transactions, employment and immigration issues, regulatory matters and litigation and represents professionals in disciplinary matters. Additionally, she serves as a neutral arbitrator and mediator and as an expert witness in health care disputes and professional proceedings.

Ms. Taylor served two non-consecutive terms as the Chair of the New Jersey State Bar Association Health Law Section and was a member of the Section’s Board of Directors for twenty years before transitioning to the Section’s Emeritus Board in 2019. Having held numerous leadership positions with the American Health Lawyers Association, she presently serves on the governing Council of the American Bar Association Health Law Section, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility and the Health Care Certification Committee of The Florida Bar.

Ms. Taylor is listed in Best Lawyers In America, Who’s Who in the World, Who’s Who in America, Who’s Who in American Law, is rated “AV” by Martindale-Hubbell Law Directory and has been repeatedly named one of the Top 50 Female New Jersey Super Lawyers and Top 100 New Jersey Super Lawyers. She is also a member of the Million Dollar Advocates Forum which gives recognition to lawyers throughout the United States who have achieved a trial verdict, award or settlement in the amount of One Million Dollars ($1,000,000) or more. In November 2016, she received the Ira Geller Award from Community Access Unlimited for zealous advocacy of the disabled and in December 2014, she received the Distinguished Service Award for Excellence in Continuing Legal Education from the New Jersey Institute for Continuing Legal Education. She received the Distinguished Service Award from the New Jersey State Bar Association Health and Hospital Law Section for service to the health bar and health industry in 2007 and in 2004, she was named as one of ten attorneys nationally recognized as Outstanding Physician Practice Lawyers by Nightingale’s Healthcare News. In August 2005, she was named to the New Jersey Law Journal’s list of leading women and minority attorneys.

A cum laude graduate of Columbia University, Ms. Taylor received her law degree and a Master of Arts degree in Philosophy from Duke University. Ms. Taylor also studied finance and accounting at Columbia Business School and attended Executive and Continuing Professional Education at Harvard University T.H. Chan School of Public Health. She is Board Certified in Health Law by The Florida Bar and is also licensed to practice law in New Jersey, New York, Pennsylvania, Tennessee and the District of Columbia and is admitted to appear before numerous Federal Courts.


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