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Ethics CLE with Judge James Francis
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Ethics CLE with Judge James Francis


When: 03/22/2016
6:30 PM - 8:30 PM
Where: BakerHostetler
45 Rockefeller Plaza
New York, New York  10111
United States
Carolyn Cornell



The AABANY Litigation Committee is proud to present “Discovery Ethics Issues Confronting Practitioners,” a CLE presentation featuring SDNY Magistrate Judge James C. Francis

Registration is Now Closed.
Please contact if you wish to be put on a wait list


Date: March 22, 2016
Check-in begins at 6 p.m.
Time: 6:30 p.m. - 8:30 p.m.
Location: BakerHostetler LLP, 45 Rockefeller Plaza, New York, New York

The increasing sophistication of technology has made discovery more complex and challenging. Consequently, understanding the quality and thoroughness that a document production or other discovery vehicle must have to comply with your ethical obligations and the applicable federal and state rules has become a tricky road to navigate. To offer guidance on this and other timely topics, the Litigation Committee has put together an esteemed and experienced panel of experts comprised of the Honorable James C. Francis, Magistrate Judge for the Southern District of New York, and litigator Karin Scholz Jenson.

Judge Francis has been a United States Magistrate Judge in the Southern District of New York since 1985 and served as Chief Magistrate Judge from 1998 to 2000. He lectures frequently on electronic discovery, legal ethics, and pretrial practice. Ms. Scholz focuses her practice on information-related issues in complex and class action litigation and is an experienced advisor regarding preservation of evidence, discovery management, attorney-client privilege and the work product doctrine, the use of technology in litigation, and related areas.

Moderated by experienced trial lawyer Tristan Loanzon, the panel will explore the following timely topics on ethics and modern discovery:


New York Rules of Professional Practice 1.1, 1.4, 3.3, 3.4, 4.1, and 5.3, and Comment 8 to Rule 1.1. of the ABA Model Rules:

  • How do counsel know that they have properly fulfilled their professional obligations?
  • What knowledge do they require?
  • What are the risks and benefits of using different forms of technology-assisted review and what ethical issues do these approaches present for counsel?

The ethical implications of Federal Rule of Civil Procedure 26

  • Does lack of knowledge of technical issues excuse counsel’s ethical obligations?
  • Should counsel really have to explain precision and recall to a judge?
  • What does the recent opinion of the State Bar of California Standing Committee on Professionalism Responsibility and Conduct Formal Opinion 2015-193 suggest are unacceptable mistakes of counsel in the sphere of electronic discovery?
  • What light do recent cases and the SDNY pilot program shed, if any, on the ethical boundaries between cooperation, proportionality, zealous advocacy, protection of privilege, and the call for transparency?

The impact of the December 2015 Amendments to the FRCP

  • Does the increased emphasis on proportionality affect required competencies?
  • With whom do the responsibilities lie?
  • How do changes to Federal Rule of Civil Procedure 37 impact discovery practice?


Admission is free for members and non-members.

AABANY is certified by the New York State Continuing Legal Education Board as an Accredited Provider. This program has been approved in accordance with the requirements of the CLE Board for a maximum of 1.5 credit hour(s), in which 1.5 credit hour(s) will be applied toward the Ethics and Professionalism requirement. This program is suitable for both transitional and non-transitional New York attorneys. 


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