Don’t Back Down: Ethical Strategies for Dealing with Bullying and Bias in Litigation 1 Credit
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Many attorneys operate under the misconception that their ethical duties require overly aggressive and zealous advocacy and that winning at all costs is the way to go.
However, that is not correct. 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 American Bar Association Model Rules of Professional Conduct and the obligations that they impose on attorneys. In fact, Rambo-style conduct and scorched earth tactics often violate ethical rules and court protocols. Behaving badly exposes them to sanctions.
In addition, studies have found that bullying is often linked to bias against people who are different than the aggressor or perceived to be less powerful Incidents of bullying directed at women, non-binary persons, members of religious and racial minorities, or differently-abled people is a problem in the legal profession, especially in litigation.
To deter bad behavior, protect ourselves and our clients, and encourage practice with civility, we must use the tools available to us under the ABA Model Rules, the Federal Rules of Civil Procedure, and state counterparts to call unprofessional adversaries to task by reporting unethical acts, and in some cases, asking for sanctions.
This CPE webinar will cover several ethical issues arising out of aggressive litigation practices and present an array of tools to use when dealing with opposing counsel who engages in those practices.
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Francine Friedman Griesing is the founder of Griesing Law, LLC, is a full-service women-owned and operated law firm based in Philadelphia, Pennsylvania with satellite offices in Arizona, New, Jersey, New York, and Ohio. She is a strategic advisor to executives and general counsel at the country’s largest institutions with 40 years of experience representing clients in business transactions, commercial litigation, employment matters, and alternate dispute resolution. She serves as an arbitrator and mediator, primarily in employment and business disputes and has extensive experience conducting proceedings remotely.
Fran is a highly sought speaker and writer and has received recognition for her accomplishments as both an attorney and an entrepreneur. She was recognized by Francine Griesing was chosen by The Philadelphia Inquirer as a Lifetime Achiever for the Law (2018) and Diversity and Inclusion (2019). Fran was also shortlisted as Diversity & Inclusion Lawyer of the Year (2020) and the Firm was shortlisted as Outstanding Firm for Furthering Diversity & Inclusion by Chambers Diversity & Inclusion Awards North America (2020-2021). The Philadelphia Business Journal also recognized Fran as one of the region’s Most Admired CEOs for her protecting her team and managing the Firm during the pandemic. In addition, the Firm received the Pennsylvania Bar Association’s H. Robert Fiebach Award (2021), which recognizes Pennsylvania law firms that have implemented initiatives to help women attorneys advance their careers. Furthermore, the Firm was awarded by in-house counsel as the National Association of Minority and Women Owned Law Firms’ Law Firm MVP (2013) and as SmartCEO’s Philadelphia Law Firm of the Year (2014).
Fran is an honors graduate of Binghamton University and the University of Pennsylvania Law School and is admitted to practice in Arizona, New York and Pennsylvania.
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We issue instant credit certificates, ensuring they are valid for presentation to governing bodies. Typically, we report IRS, CTEC, CFP, IDFP, IWI, VBOA Ethics credits within 7 days – the fastest in the industry.
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This program is designed for attorneys but could be helpful to anyone who is involved in litigation as an expert witness.
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