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Professional Responsibility & Ethics in Discovery & Pre-Discovery

  • Training

  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5944776
Discovery and pre-discovery investigation are critical tools to prepare any matter for resolution-whether through settlement, dispositive motion, or trial. Social media and other forms of communication have greatly expanded the scope and breadth of discovery and have increased the responsibilities of counsel to effectively manage the discovery process. It is incumbent on litigation counsel to understand the ethical and professional responsibilities in conducting discovery.

Hear from a distinguished panel that includes an esteemed trial court judge, general counsel to the Board of Bar Overseers, and seasoned litigation counsel from several of the Commonwealth’s most well-regarded firms. Learn the nuances of discovery obligations, including the duties to inquire about and preserve evidence under state and federal rules. Learn about ethical considerations when interviewing witnesses, conflict of interest considerations, and other related privilege and work product issues. Gain strategies for addressing discovery issues in motions to compel and for strategically utilizing pre-discovery to approach early resolution. Get up to date on recent decisions and rule changes impacting the discovery process so you are better prepared to successfully navigate your ethical and professional responsibilities.

Course Content

1:00 pm - 2:04 pm
Professional Responsibility & Ethics in Discovery & Pre-Discovery: Welcome and Overview of Ethical Considerations
Joseph S. Berman, Esq.,
Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston
Thomas F. Maffei, Esq.,
Sherin and Lodgen LLP, Boston

2:04 pm - 3:01 pm
Document and Electronic Production Issues - Including Social Media
Jessica G. Kelly, Esq.,
Freeman Mathis & Gary LLP, Boston
Katherine Land Kenney, Esq.,
Peabody & Arnold LLP, Boston

3:01 pm - 3:55 pm
Ethical Considerations when Interviewing Witnesses, Conflict of Interest Considerations, and Related Privilege and Work Product Issues
Jessica G. Kelly, Esq.,
Freeman Mathis & Gary LLP, Boston
Richard J. Rosensweig, Esq.,
Goulston & Storrs, PC, Boston

3:55 pm - 4:10 pm
Break

4:10 pm - 4:58 pm
Motions to Compel (Including 9C Obligations), Sanctions, and Spoliation with Q&A
eDemonstration
Add to Cart
Hon. Brian A. Davis,
Superior Court, Business Litigation Session, Commonwealth of Massachusetts, Boston
Michael J. Rossi, Esq.,
Conn Kavanaugh Rosenthal Peisch & Ford LLP, Boston

Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Speakers

Chair
Jennifer L. Markowski, Esq.,
Freeman Mathis & Gary LLP, Boston

Faculty
Joseph S. Berman, Esq.,
Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston
Hon. Brian A. Davis,
Superior Court, Business Litigation Session, Commonwealth of Massachusetts, Boston
Jessica G. Kelly, Esq.,
Freeman Mathis & Gary LLP, Boston
Katherine Land Kenney, Esq.,
Peabody & Arnold LLP, Boston
Thomas F. Maffei, Esq.,
Sherin and Lodgen LLP, Boston
Richard J. Rosensweig, Esq.,
Goulston & Storrs, PC, Boston
Michael J. Rossi, Esq.,
Conn Kavanaugh Rosenthal Peisch & Ford LLP, Boston