Trial counsel must balance a fine line between zealous advocacy and ethical conduct. On the one hand judges can be overbearing. On the other, clients, with unrealistic expectations, will try to pressure the attorney to advocate beyond the rules. What is the attorney’s ethical responsibility when trial counsel knows the client intends on testifying falsely? There are a multitude of issues counsel will face in the courtroom. Compounding the problem is the fact that the attorney will be appearing before a judge that has never tried a case before. The courtroom can be a dangerous place for witnesses and their counsel.
In this course, Anthony Iannarelli, a member of the New York and New Jersey Bars, introduces some of the most common ethical pitfalls that he has experienced in his twenty seven years of experience with civil and criminal trial practice.
I. Learn how to identify ethical issues before the trial actually begins
II. Understand how to remedy problems before they spin out of control
III. Recognize the limitations on damage control once the trial begins
IV. Think out strategies for dealing with opposing counsel who are not playing by the rules
V. Learn how to educate judges on the facts so their ruling will be, if not reasonable, at least fair
VI. Identify what to do when you encounter the hostile judge
This course originally appeared as a part of our June 2015 Bridge the Gap Event.
Anthony is currently entering his 23nd year practicing law. Upon graduation from Rutgers School of Law-Newark, he clerked for a judge of the Superior Court of New Jersey, Essex County. Anthony went on to work as an assistant district attorney for the Orange County (N. Y.) District Attorney, and then as an assistant prosecutor for the Passaic County (N. J.) Prosecutor. He has been in the private practice of law since 1992.
In addition to conducting trial work, he has briefed and argued a number of appellate cases. In New Jersey he has appeared before the Appellate Division of the Superior Court and the New Jersey Supreme Court. In New York he has appeared before the Appellate Division for the Second Judicial Department. In federal cases,
Anthony has also argued before the U.S. Courts of Appeal for the Second (Manhattan) and Third (Philadelphia) Circuits.
Anthony taught, as an adjunct professor, a variety of subjects relating to law and the environment. He hasalso published and written essays in those disciplines as well. For five years he served as a committee investigator for the Office of Attorney Ethics of the New Jersey Supreme Court.
Good lecturer, good real-life examples to example principles.
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