transcript   Transcript

Duties of Appointed Defense Counsel and Mediators: Ethical Challenges

Recorded on: Dec. 19, 2016
Running Time: 01:00:36

Full Transcript:



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Taken from the Web Program Building Better Construction Contracts 2016 recorded December, 2016 in New York.

Duties of Appointed Defense Counsel and Mediators: Ethical Challenges [01:00:36]

A. Duties of Appointed Defense Counsel 

  • Understanding and appreciating the tri-partite relationship between attorney, client/insured and insurer
  • Understanding the law in jurisdictions where the appointed defense counsel owes a duty of care solely to the client/insured versus those jurisdictions where appointed defense counsel owes a duty of care to both the client/insured and the insurer

B. Duties of Mediators: Ethical Challenges

  • Mediator duty to only accept appointments based upon competency and experience
  • Mediator consideration of conflicts, waiver standards and disclosure
  • Preparation and ex parte communications with parties and counsel
  • Obligation of perseverance
  • Overall obligation to “Do No Harm”

Speakers: Robert J. MacPherson, Suzanne M. McSorely, James O’Connor


The purchase price of this segment includes the following article from the Course Handbook available online:

  • Forty Lines Mediators Can Hang Clothes On. No Really!
    Robert J. MacPherson, Suzanne M. McSorley
  • Model Standards of Conduct for Mediators
    Robert J. MacPherson
  • European Code of Conduct for Mediators
    Robert J. MacPherson
  • Mediators Ethics Guidelines
    Robert J. MacPherson
  • Duties of Appointed Defense Counsel: Ethical Challenges (October 18, 2016)
    James Duffy O'Connor, David E. Suchar, Hillary A. Taylor
  • Ethics and the Tripartite Relationship (October 11, 2016)
    James Duffy O'Connor

Presentation Material

  • Duties of Appointed Defense Counsel and Mediators: Ethical Challenges _ Power Point 1
    Robert J. MacPherson, Suzanne M. McSorley
  • Duties of Appointed Defense Counsel and Mediators: Ethical Challenges _ Power Point 2
    James Duffy O'Connor
(s)
Robert J MacPherson ~ Gibbons P.C.
Suzanne M McSorley ~ Stevens & Lee
James Duffy O'Connor ~ Maslon LLP
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