Ethics considerations are often at play when challenging or defending agency decisions. This session will explore ethical issues in the administrative appeal and judicial review contexts, addressing topics such as joint representation of multiple parties, joint defense or other cooperative arrangements among parties, privilege concerns, appropriateness of communications with agency officials (whether represented or not) during pendency of proceedings, and lawyer competency requirements in light of the various facets of agency and judicial review as well as related litigation. Reference will be made, where applicable, to the ABA Model Rules, and a combination of real-life and wholly fabricated fact scenarios will be used to illustrate the ethical questions discussed.
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