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ETHICAL PITFALLS IN A CONSTRUCTION CASE

18th Annual Construction Law Conference

March 3 & 4, 2005

San Antonio, Texas

Martha Crandall Coleman

Strasburger & Price, L.L.P.
Dallas, Texas




TABLE OF CONTENTS

  1. TRUTH IN NEGOTIATING
    1. Applicable Rules
    2. Requirements of Honesty
    3. The Rules in Context of Negotiations
    4. Extreme of Fraudulent Misrepresentation
  2. JOINT REPRESENTATION
    1. Applicable Rules
    2. Considerations Before Accepting Joint Representation
      1. Competent and Diligent Counsel
      2. Loyalty
      3. Provide Reasonable Information
      4. No Disclosure of Confidential Information
      5. Avoid a Conflict of Interest
      6. Continuing analysis
      7. Subsequent dispute
      8. Checklist
    3. Real Life Illustrations of the Issue
      1. Consequences of a failure to assert surety defenses
      2. Settlement discussions
      3. Principal defended by insurer
  3. CONCURRENT REPRESENTATION OF ADVERSE CLIENTS
    1. Applicable Rule
    2. Concurrent Representation
  4. MAINTAINING CLIENT CONFIDENCES IN A TECHNOLOGICAL AGE
    1. Applicable Rule
    2. Inadvertent Revelation Of Client Confidences



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