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Legal Ethics: Drawing the Line Between Witness Preparation and Unethical Witness Coaching


Level: Advanced
Runtime: 59 minutes
Recorded Date: March 16, 2024
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Agenda

  • Why Now?
  • ABA Standing Committee on Ethics and Professional
  • Responsibility, Formal Opinion No. 508 (2023)
  • Prevalence of Remote Proceedings
  • Ethical Witness Preparation
  • Unethical Witness Coaching (Pre-Testimony & During Testimony)
  • Conclusion

For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

When does ethical witness preparation cross over into unethical witness coaching? The ABA Ethics Committee recently issued Formal Opinion No. 508 that attempts to draw this line with special attention to the unique issues that can arise in remote proceedings. Having spent more than twenty-five years as a law firm and in-house litigator, Zach McGee distills the ABA’s guidance into actionable advice on how best to navigate both traditional and new settings where deposition and trial testimony are being taken. This program also reviews the many benefits of using a deposition prep video with witnesses to help prepare them to testify.

Rules covered include: ABA Model Rules 1.1, 1.2, 1.3, 3.3, 3.4, 4.4 & 8.4.

Provided By

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Panelists

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Zachary S. McGee

Senior Vice President, Business Affairs
Sony Pictures Entertainment

Zach McGee is Senior Vice President, Business Affairs, for Sony Pictures Entertainment in Culver City where he leads worldwide business affairs for Sony’s home entertainment division. Before moving to Sony, Mr. McGee was the Senior Vice President, Head of Business & Legal Affairs at Miramax, a leading independent film and television studio.

Before joining Miramax, Mr. McGee was a Vice President, Legal Affairs, with NBC Universal, Inc. Prior to moving in-house, Mr. McGee was an associate with Davis Polk. He clerked for the Honorable Michael B. Mukasey, Chief Judge, United States District Court for the Southern District of New York.

Mr. McGee is a magna cum laude graduate of Harvard College and Harvard Law School, and he received his Masters of Business Administration from the UCLA Anderson School of Management.

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