Ethical Issues in Criminal Trial Practice

Criminal litigators must balance a fine line between zealous advocacy and ethical conduct. On the one hand are clients, who may have unrealistic expectations and will try to pressure the attorney to advocate beyond the ethical rules. On the other hand are judges, whose unyielding adherence to the rules of the courtroom can make them seem like another adversary.

There are a multitude of ethical issues counsel will face in the courtroom, which can be a dangerous place to be for both witnesses and their counsel. For example, what is the attorney’s ethical responsibility when trial counsel knows the client intends on testifying falsely? Or worse yet, when a client attempts to induce counsel to “trial prep” a witness into making a false state under oath?

In this program, Anthony Iannarelli, a member of the New York and New Jersey Bars, will introduce some of the most common ethical pitfalls that he has experienced in his thirty years of experience criminal trial and appellate practice, and how to avoid them in your own time in the courtroom.

Learning Objectives:

1. Identify ethical issues before the trial actually begins
2. Remedy problems before they spin out of control
3. Recognize the limitations on damage control once the trial begins
4. Strategize in advance for dealing with opposing counsel who is not playing by the rules
5. Protect the record for appellate review of a judge’s adverse ruling
6. Comport yourself professionally when you encounter the hostile judge