Ethical Issues for Litigators: Beyond Civility

  • 04 février 2015


Publication | Archived Video


Litigators face ethical issues on a daily, if not hourly, basis. When faced with these issues, how do you best advocate for your client? For example: When do you raise settlement and how do you effect the best settlement possible? A case involving allegations of fraud may touch on criminal law issues requiring you to consider your client's interests from a different perspective. At some point most litigators will require an expert, but recent case law has made it unclear to what extent, and when, you can direct an expert or comment on an expert's report. Whether you are a recent call or have significant practical experience, our panelists will pose difficult and interesting questions and offer practical guidance and insight into how they can best be answered.

  • What is the role of a litigator when retaining experts?
  • Ethical lessons from the criminal bar
  • What is a Mary Carter agreement and how can it best be used?
  • Dealing with difficult clients while maintaining professionalism


Catherine Korte, McCague Borlack LLP
Andrea Sanche, Ricketts Harris LLP


Settlement Offers and Settlement Agreements
Deborah Berlach, Stieber Berlach LLP

Case: Laudon V. Roberts
Ontario Court of Appeal

Case: Sable Offshore V. Ameron
Court of Appeal for Nova Scotia

Case: Stamatopoulos V. Harris
Ontario Superior Court of Justice

Case: Elbakhiet V. Palmer
Court of Appeal for Ontario

The Evidentiary Intersection Of Criminal and Civil Proceedings
Lynda Morgan, Fenton, Smith Barristers

A Checklist for Avoiding Conflicts on Lateral Lawyer Transfers
Dan Pinnington, LawPRO

Screening Form can help avoid Tactical Conflicts
Dan Pinnington, LawPRO

Insurance implications of Lawyer Transfers and Practice Structures
Dan Pinnington, LawPRO

Ethical Issues for Litigators: Beyond Civility
Dan Pinnington, LawPRO

Going off Record - Counsel's Obligations
Meghan Bridges, McCarthy Tétrault LLP