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Navigating Conflicts & Other Ethical Litigation Landmines

May 11, 2021 at 12:00pm1:00pm
Massachusetts Continuing Legal Education Center

During the course of a lawsuit, your adversary is not the only source of challenges. Conflicts can emerge when you represent more than one party and when you interact with others who may think they are your client. Sometimes conflicts surface during interactions with witnesses or when an adverse party turns out to be connected to another client in a way that was not apparent when the lawsuit began.

In addition to conflicts, as the lawyer proceeds through each stage of a lawsuit new ethical dilemmas can arise from unforeseen places: lying witnesses, meddling insurers and litigation funders, and sometimes your own client can turn from friend to foe in the middle of a case.

This program addresses these and other ethical dilemmas that a lawyer can plan for and avoid before they happen, or resolve when they crop up unexpectedly. The faculty guides you through a variety of hypotheticals to help you learn where the traps are hidden and how to avoid them.


  • Who Is Your Client? Representing Companies and Their Corporate Constituents, Including Employees
  • Emerging Conflicts—Where They Come from and How to Spot Them Early
  • Can You Be Adverse to a Client Affiliate?
  • Duties of the Lawyer When Insurers or Funders Are Paying the Bills
  • What to Do If the Other Side Makes a Motion for Sanctions Against You or Your Client
  • What to Do When Your Client Asserts You Made a Mistake in the Middle of the Case
  • Can You Litigate a Dispute Over an Agreement That Your Firm Prepared?
  • What Witnesses Can You Speak with?
  • “Ask the Experts” Q&A Session