Ethical Issues Associated with Trial Practice

Mike Zogby, partner and co-chair of Drinker Biddle’s Products Liability and Mass Tort group, and Kevin DeMaio, associate in the Commercial Litigation group, spoke at Fordham University School of Law on January 11, 2020, in New York City regarding “Ethical Issues Associated with Trial Practice.” Mike and Kevin addressed the Rules of Professional Conduct, pre-trial fact investigation, the duty of candor to the tribunal, ethics associated with social media, researching judges and juries, witness preparation, trial publicity, and ethical issues associated with use of electronically stored information (ESI). They provided firsthand trial accounts, and explained the existence of ethical minefields and how to avoid them, as well as what happens if the rules are broken, including a discussion of trial pitfalls and corporate due diligence challenges. Litigation associate Kristen Roshto provided valuable assistance with the research and presentation materials.