Litigation Ethics III (from Annual Advanced Business Law Conference 2022) (On Demand Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 2.0

MCLE Credit: 2.0 (Ethics: 2.0)
Live-Interactive Credit: 0.0
Designation Credit: 2.0 Ethics (Designations Information)
Price: $149 (Includes a downloadable audio version.)
Viewable Through: 08/31/2025


A pre-recorded streaming VIDEO replay of one session from the September 2022 webcast, 48th Annual Advanced Business Law Conference 2022.

Topics covered include:

(1) dealing with fact witnesses (including the permissibility of paying fact witnesses for their time, preparing fact witnesses for testimony, and talking with fact witnesses during deposition breaks); (2) dealing with expert witnesses (including paying testifying and non-testifying experts, and ex parte communications with an adversary's expert); and (3) the "witness advocate rule" (including the rule's rationale, the proceedings in which the rule applies, application to lawyers appearing pro se, judging the necessity for a lawyer's testimony, and permissible pre-trial and post-trial activities by disqualified lawyers).

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Thomas E. Spahn
, McGuireWoods LLP / McLean

Thomas E. Spahn practices as a commercial litigator with McGuireWoods in Tysons Corner, Virginia. Tom was selected as the 2013 and the 2020 metro-Washington DC "Lawyer of the Year" for "Bet the Company Litigation" by The Best Lawyers in America (Woodward/White, Inc.). In 2018, Virginia Lawyers Weekly selected him for inclusion in the inaugural Virginia Lawyers Hall of Fame.

Tom has served on the ABA Standing Committee on Ethics and Professional Responsibility, and is a Member of the American Law Institute and a Fellow of the American Bar Foundation. He has spoken at over 2,100 CLE programs throughout the U.S. and in several foreign countries. Through links on McGuireWoods’s home page (Client Resource Center), Tom has made available to the public over 13,000 pages of his ethics and privilege materials Tom graduated magna cum laude from Yale University and received his J.D. from Yale Law School.

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