When the Law or Facts Are Against You: Ethical Considerations for Lawyer

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

January 23, 2026

11:00 a.m. - 12:00 p.m. (MT)

*Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $60.00

*Please Note: If you received credit for this course for February  26, 2025, you will not be able to receive credit for attending this replay.  This replay will count as live CLE credit.

Every lawyer wrestles with how to handle facts or law that is unfavorable to a client. There is a natural tension between a lawyer’s duty to be honest, on the one hand, and the lawyer’s duty to provide zealous representation of a client.  In some instances, bad facts or bad law must be disclosed.  In other instances, disclosure is not required. How this tension is resolved involves substantial ethical issues.  This program will discuss the ethics issues involved and how they may be resolved in a practical setting. Ethical issues surrounding the representation of adverse facts to tribunals and adversaries

• Disclosure of adverse legal precedents
• Required discloses of bad facts or law
• Timing issues – when must the disclosure occur?
• Related issues of confidentiality and the attorney-client privilege
• Ex parte communications with the courts – what’s ethically permissible, what’s not?