Working with Opposing Counsel

Working with Opposing Counsel

Review the ethical rules regarding fairness to opposing parties and lawyers, specifically including the handling of evidence, the duty to follow court rules, pretrial and trial obligations, and the prohibition on asking potential witnesses not to disclose information.


In this clip we will take a closer look at Model Rule 3.4, which is titled “Fairness to Opposing Party and Counsel.” We will look at the Model Rule’s requirements for handling and sharing evidence with the opposing party and opposing counsel; obligations to follow the rules of the tribunal; obligations before and during the trial; and how to properly talk with witnesses that may have information useful to the opposing side.

I. Handling evidence

A general principle that we have seen throughout...