About the Course
Introduction
This CLE webinar will explore the ethical issues that surface when handling evidence, preparing and examining witnesses, engaging in discovery, and making representations to the court. The panel will focus on Model Rules 3.3 and 3.4, which govern candor to the tribunal and fairness to opposing parties and counsel. The panel will also cover Rules 4.2 through 4.4, which define counsel's obligations regarding communications with represented and unrepresented persons and the rights of third parties.
Description
Litigators must balance forceful advocacy for their clients with their ethical duties to all parties to the legal process, including the court, opposing parties, and witnesses.
These obligations can conflict when a client provides false information, a witness changes testimony, or counsel discovers altered evidence or prior inaccurate representations to the court. Witness preparation and discovery present additional ethical challenges. Counsel must distinguish appropriate witness preparation from improperly influencing testimony.
What actions must the attorney take when a client or witness intends to provide, or has already provided, false testimony or evidence? Counsel may need to consider remedial action, disclosure, correction of the record, or even withdrawal while balancing duties of candor, confidentiality, and client representation.
Listen as our panel examines ethical obligations throughout litigation and offers guidance for addressing issues involving candor, witnesses, discovery, evidence, and client conduct.
Presented By
Ms. Bragg has long enjoyed a reputation as one of Houston’s fiercest attorneys in her representation of children, the elderly, and mentally disadvantaged people. Her firm, Bragg Law PC, is a general civil firm in Houston, Texas. Bragg Law PC has a focus in mediation, arbitration, probate, guardianships, and small business work.
Ms. Giannoni-Crystal is a dually-qualified U.S. and Italian attorney. In her vicennial career she has provided assistance to a wide range of clients (industrial, commercial and technological companies, banks & financial institutions, law firms) both domestically and internationally. Ms. Giannoni-Crystal's practice has focused on transactional work and contractual issues (commercial law, banking law, Internet law, business law, international transactions, mergers and acquisitions, constitution and reorganization of companies, financing, and property development). She is also a “lawyer for lawyers”, assisting law firms in bridging activities Civil Law-Common law, and supporting other lawyers in international litigation (including international privileges), issues of cross border ethics, and international transactions. After serving as a legal consultant for the Italian Industrial Association and as attorney for Deloitte Legal for several years, Ms. Giannoni-Crystal opened her own practice, where she regularly assisted major companies and international groups.
Mr. Marx is an experienced litigator focused on helping companies and individuals resolve complex cases, particularly in the areas of telecommunications and legal ethics. He serves as Co-Chair of the firm’s Litigation & Investigations practice. For more than a decade, Mr. Marx has helped communications companies address critical issues in court and before regulators, including issues related to the Universal Service Fund, intercarrier tariff and compensation disputes, and the False Claims Act. He represents individuals and law firms in high-stakes professional responsibility proceedings. Mr. Marx has represented AMLaw 100 firms in several high-profile and high-dollar value disputes and successfully represented individuals in disciplinary proceedings before state and federal bar organizations.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.
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Date + Time
- event
Wednesday, November 18, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Candor to the tribunal and false evidence
II. Witness preparation and testimony
III. Discovery, preservation, and evidence
IV. Communications with parties and witnesses
V. Remedial measures, disclosure, and withdrawal
VI. Practitioner takeaways
The panel will review these and other key issues:
- Appropriate witness preparation vs. improper coaching or influence
- Addressing false testimony, client dishonesty, and duties to correct the record
- Meeting ethical obligations involving discovery, evidence preservation, and ESI
- Managing communications with parties and witnesses and determining when remedial action is required
Related Courses
Litigation Ethics: Candor, Witness Preparation, Discovery, and Evidence
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Civility in Legal Practice: Communications, Discovery, Depositions, and Courtroom Conduct
Wednesday, November 11, 2026
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Working Remotely and Attorney-Client Privilege: Legal Ethics
Available On-Demand
