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Since its inception, NYCLA has been at the forefront of most legal debates in the country. We have provided legal education for more than 40 years.
The Rules of Professional Conduct proclaim that lawyers should never resort to “conduct involving dishonesty, fraud, deceit, or misrepresentation.” The rules further provide that a lawyer may not instruct others to engage in conduct that is ethically forbidden to lawyers. But criminal prosecutors routinely supervise undercover agents who misrepresent their identities. And a 2007 Ethics Opinion by the NYCLA Committee on Professional Ethics carves out two subject matters in which a certain level of “pretexting” is considered necessary and acceptable. These subject matters are intellectual property and civil rights investigations.
But does it make sense to permit misrepresentations in some areas of the law and not others? And why should prosecutors be given ethical leeway that is denied to defense lawyers in the same cases? It is difficult to navigate the ethical boundaries of permissible pretexting.
This panel of practitioners and law professors will provide a lively, interactive discussion of this challenging and evolving area of the law.
Catherine Foti, Morvillo Abramowitz Grand Iason & Anello PC; James Kobak, Jr., Hughes Hubbard & Reed LLP; Barry Temkin, Mound Cotton Wollan & Greengrass LLP; Ellen Yaroshefsky, Hofstra University School of Law
Program Co-sponsor: NYCLA Professionalism and Professional Discipline Committee
Moderator: Bari Chase, Esq., Director, NYCLA CLE Institute and Programs
3 NY Credits: 1.5 Ethics, 1.5 Skills, Transitional and Non-transitional; 3 NJ Credits: 1 Ethics; 2 General
To register: click the Register button below. The website will prompt you to log in or create an account to complete the checkout. If you are not a member, please join the membership before completing the checkout to take advantage of the member’s price. Registration closes 30 minutes before the program.
For technical and account-related issues, please get in touch with us at dradjabov@nycla.org
Webinar Link: After completing the checkout, you will receive a separate email with webinar access instructions. That email will arrive closer to the program start time. If you are still waiting to receive an access email 30 minutes before the program, please email cle@nycla.org.
Course Materials: We will email the link to download course materials 30 minutes before the program starts.
CLE Certificates (if applicable): After verifying your attendance, we will add your certificate to the “Download CLE Certificates” page, which you can access from your “My Account” page.