Product Description

Discovery and pre-discovery investigation are critical tools to prepare any matter for resolution—whether through settlement, dispositive motion, or trial. Social media and other forms of communication have greatly expanded the scope and breadth of discovery and have increased the responsibilities of counsel to effectively manage the discovery process. It is incumbent on litigation counsel to understand the ethical and professional responsibilities in conducting discovery.

Hear from a distinguished panel that includes an esteemed trial court judge, general counsel to the Board of Bar Overseers, and seasoned litigation counsel from several of the Commonwealth’s most well-regarded firms. Learn the nuances of discovery obligations, including the duties to inquire about and preserve evidence under state and federal rules. Learn about ethical considerations when interviewing witnesses, conflict of interest considerations, and other related privilege and work product issues. Gain strategies for addressing discovery issues in motions to compel and for strategically utilizing pre-discovery to approach early resolution. Get up to date on recent decisions and rule changes impacting the discovery process so you are better prepared to successfully navigate your ethical and professional responsibilities.

Agenda & Materials

• 1:00 pm - 2:04 pm

  Professional Responsibility & Ethics in Discovery & Pre-Discovery: Welcome and Overview of Ethical Considerations

  on demand video Add to Cart

  Joseph S. Berman, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers , Boston
  Thomas F. Maffei, Esq., Sherin and Lodgen LLP , Boston
  
• 2:04 pm - 3:01 pm

  Document and Electronic Production Issues—Including Social Media

  on demand video Add to Cart

  Jessica G. Kelly, Esq., Freeman Mathis & Gary LLP , Boston
  Katherine Land Kenney, Esq., Peabody & Arnold LLP , Boston
  
• 3:01 pm - 3:55 pm

  Ethical Considerations when Interviewing Witnesses, Conflict of Interest Considerations, and Related Privilege and Work Product Issues

  on demand video Add to Cart

  Jessica G. Kelly, Esq., Freeman Mathis & Gary LLP , Boston
  Richard J. Rosensweig, Esq., Goulston & Storrs, PC , Boston
  
• 3:55 pm - 4:10 pm

  Break
• 4:10 pm - 4:58 pm

  Motions to Compel (Including 9C Obligations), Sanctions, and Spoliation with Q&A

  on demand video Add to Cart

  Hon. Brian A. Davis, Superior Court, Business Litigation Session, Commonwealth of Massachusetts , Boston
  Michael J. Rossi, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP , Boston
  

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Chair

Faculty