Ethical Issues in the Practice of Criminal law: Views From the Prosecution & Defense

Originally held on Monday, May 15, 2017 | 6 pm – 8 pm

 

Program Chair:
Professor Bruce A. Green
Director, Stein Center & Louis Stein Chair of Law, Fordham University School of Law

Moderator:
Professor Ellen C. Yaroshefsky
Howard Lichtenstein Professor of Legal Ethics, Director: Monroe Freedman Institute for the Study of Legal Ethics, Maurice A. Deane School of Law at Hofstra University

  • This program will examine ethics issues relevant to prosecutors and criminal defense lawyers who practice in state and federal courts. An experienced panel comprised of prosecutors and defense counsel will pose to, and discuss with, the audience scenarios that present challenging ethics questions on such topics as: lawyers’ duties of disclosure and candor to each other and the court; plea bargains; conflicts of interest; and communications with witnesses and defendants.

    DVDs & CDs: $119 Member | $219Nonmember
    On-Demand: $89 Member| $189 Nonmember
    Materials Only (No CLE Credit): $99 Member | $129 Nonmember

    * New York residents will be charged the New York sales tax for all audio visual purchases.

  • Diane Gujarati
    Deputy Chief, Criminal Division
    U.S. Attorney’s Office, SDNY

    David E. Loftis
    Attorney in Charge, Forensic and Post-Conviction Litigation
    The Legal Aid Society

    Benjamin E. Rosenberg                                                                                 
    Dechert LLP

    Earl S. Ward                                                                                                                          
    Emery Celli Brinckerhoff & Abady LLP 

    Honorable Laura A. Ward 
    Acting Justice
    New York State Supreme Court
    Criminal Court of New York County

  • 6:00 pm – 6:05 pm  Introduction
     6:05 pm – 6:25 pm Ethical Issues in Dealing with Witnesses and Defendants (Rules 4.2 & 4.3) – Discussion of Hypotheticals
     6:25 pm – 6:45 pm Prosecutors’ Pretrial and Post-Conviction Disclosure Obligations (Rules 3.8(b)-(e)) – Discussion of Hypotheticals
    6:45 pm – 7:05 pm Ethics in Plea Bargaining – Baseless Pleas and Fact Bargaining to Omit Relevant Facts (Rules 3.9(a) & 3.3) – Discussion of Hypotheticals
    7:05 pm – 7:20 pm Ethics in Dealing with Physical Evidence (Rules 1.6 & 3.3) -Discussion of Hypotheticals
    7:20 pm – 7:35 pm Ethics in Dealing with Ineffective Assistance of Counsel Claims -Waivers and Disclosures of Confidences (Rules 1.6, 1.7 & 8.4) -Discussion of Hypotheticals
    7:35 pm – 7:50 pm Defense Conflicts Arising out of Joint or Successive Representations – Discussion of Hypotheticals
      7:50 pm – 8:00 pm   Q & A

  • This program provides 2.0 credits in ethics for the New York & New Jersey MCLE requirements. California & Pennsylvania credit differs as it is based on a 60-minute credit hour. The live program provided transitional credit to newly admitted attorneys; the recording does not provide transitional credit.

  • Sponsoring  Association Committees:

    Professional Ethics | Bruce A. Green, Chair

    Criminal Law | Monica J. Hickey-Martin, Chair

    Sponsorship Opportunities are Available! Please Contact:

    Maricela Alfonso| Membership and CLE Relations Associate| (212) 382-6608 | MAlfonso@nycbar.org

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