3 MoCLE (1 Ethics)

The CLE will center around the 2019 film Dark Waters, a film about a corporate lawyer who files a massive class action lawsuit against DuPont. It's based on a true story and brings up four legal issues that this CLE will address by short eight-ten minute lectures. We seek three hours of CLE credit for this, including a proposed hour for Ethics credit. 

Act One and Segment One - The Ethical Obligations of a Lawyer 

The first part of the film involves a lawyer deciding to represent landowners against a large chemical company despite his firm representing other chemical companies. Under Missouri Rules of Professional Conduct, what factors should a Missouri lawyer consider before deciding to represent a client who may have competing interests against other clients who are not parties to the action. We will look at matters involving industry trade secrets and confidentiality considerations as a part of exploring this issue. 

Act Two and Segment Two - The Discovery Process 

A significant plot development in the film is when the Defendant delivers truckloads of paperwork that is "responsive" to the Plaintiff's discovery requests. Believing the volume will overwhelm the lawyer, DuPont becomes surprised to learn opposing counsel spent a year going through every document produced and building a damning case. Under Missouri Supreme Court Rules, we will look at the strategy of overwhelming opposing parties with discovery that goes above and beyond the initial request. Would such a strategy be considered responsive even to an overly broad request and is the party doing enough to ensure that the evidence being provided isn't going to damage their own client's case, as was the situation in the film. 

Act Three and Segment Three - Administrative Rule-Making  - During a routine motion hearing, the class action attorneys learn West Virginia has commenced an emergency rule-making process to change the water standards in the state. This would wipe out the Plaintiffs' argument against DuPont by changing the rules and allowing them to legally discharge the chemicals at issue in the lawsuit. Under Missouri law, what are the steps a regulatory office would have to take in order to change rules so quickly. What due process rights are afforded the public. Would a change in rules impact an ongoing case. 

Conclusion: The Role of an Advocate-Lawyer 

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Registration
$250

Cancellation Policy
Requests for refund must be received a minimum of 48 hours prior to the event.  Substitutes for paid registrants unable to attend are allowed in most circumstances. (Not available to nonmembers or season pass holders)