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Description: Experts are used in most cases that go to trial. The retention of a consulting or testifying expert and the presentation of expert testimony at trial, however, present a host of ethical issues that many lawyers fail to consider. Join Irene Fiorentinos and Bill Dolan as they analyze the relevant rules of professionalism and conflicts and discuss the real world ethical issues and dilemmas that an attorney faces when navigating the selection and retention of experts and the presentation of expert testimony. Ethics authorities covered include, for example: the lawyer's threshold ethical duties of competence under Model Rule of Professional Conduct 1.1 and what it means when retaining an expert; the standards of care associated with expert selection; the identification and avoidance of conflicts when hiring experts; the interplay between rules governing attorney conflicts (e.g., Model Rules 1.7 to 1.9) and the distinct challenges posed with experts; and cases from around the nation such as Erickson v. Newmar Corp., 87 F.3d 298 (9th Cir. 1996) and Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc., Civil No. 3:10cv60(JBA) (D. Conn. Dec. 30, 2011), that address attorney or firm disqualification based upon their retention of certain experts.
Presenter(s):
Irene Savanis Fiorentinos, Esq. is Of Counsel at Jones Day (which she joined in 1987), and resident in its Chicago office, where her areas of focus are trial practice and e-discovery. She has extensive experience with complex commercial litigation, in a wide variety of practice areas, and she regularly counsels U.S. and non-U.S. clients on a variety of litigation-related topics. Ms. Fiorentinos is actively involved with her firm's electronic discovery initiatives and lawyer training activities and regularly lectures and writes on e-discovery issues. She regularly counsels U.S. and non-U.S. clients on a variety of litigation-related topics, including implementation of litigation holds and efficient management of all phases of e-discovery. Ms. Fiorentinos provides litigation guidance to corporate deal teams.
William F. Dolan, Esq. is a partner at Jones Day and resident in its Chicago office. A trial attorney who has tried cases to judgment in venues throughout the United States, he has represented clients ranging from individuals to Fortune 50 in complex disputes, and his career has placed a special emphasis on antitrust and intellectual property lawsuits. Mr. Dolan is a frequent author and speaker on the subject of antitrust law and has addressed a variety of groups on complex litigation matters, antitrust developments, mergers and acquisitions, and cost-effective litigation techniques.
 | | Practice Areas: | | Ethics & Professional Responsibility, Trial Skills , Witness Preparation & Examination | | | Online Media Type: | | Audio | | | Production Date: | | 02/23/2016 12:00 PM EST | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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| | • | Irene Savanis Fiorentinos - Of Counsel, Jones Day | | • | William F. Dolan - Partner, Jones Day; Chicago, IL |
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