Effectively Approaching and Handling Challenging Clients and Expert Witnesses

Ronald J. Levine | Herrick, Feinstein LLP

Ron Levine is Counsel to Herrick, Feinstein LLP. He is an accomplished litigator with 45 years of experience advising consumer products companies in complex commercial litigation, with a focus on class actions and other multi-party litigation. A pragmatic advisor who helps clients anticipate, minimize and resolve the financial and reputational damage arising from litigation, Ron regularly counsels clients on crisis management strategies, social media and privacy issues, and professional responsibility concerns.

Ron served as Herrick, Feinstein’s Co-Chair of its Litigation Department for 15 years, and as it General Counsel.

Exceptional client service is a hallmark of Ron’s practice. He was one of only 125 U.S. litigators named to BTI Consulting Group’s Client Service All-Star list, based upon feedback from corporate counsel at major corporations. Ron has ranked as one of New Jersey’s top 10 product liability litigators by Chambers USA and has ranked nationally for product liability and mass torts. In Chambers USA, clients recommend Ron for his “high-level expertise in labeling, food claims and consumer fraud.” He is also recognized for his creativity in “thinking about how to approach a case so that it satisfies the client’s objectives,” and for being “very thorough, very reliable, and can give accurate answers in a pinch.”

Ron is an Adjunct Professor at Rutgers University, where he has taught electronic discovery at the Law School and food, cosmetics and alcoholic beverage regulation at the Master of Business Science program. He has also guest lectured at Harvard Law School. In addition, he is an arbitrator with the American Arbitration Association.

Ron is also a prolific author, who has written dozens of articles on trial practice, artificial intelligence and litigation strategy for a variety of national publications. The New York County Lawyers’ Association awarded him the Boris Kostelanetz President’s Medal, in recognition of his contribution to Commercial Litigation in New York State Courts, a seminal publication about New York State law, legal strategies and the rules of procedure.

He is a graduate of Harvard Law School with honors, and received his undergraduate degree summa cum laude from Princeton University. He is admitted to practice in New York and New Jersey.

Jennifer Finnegan | Aon plc

Jennifer Finnegan is a Managing Director of the Professional Services Practice at Aon (PSP). As a member of PSP’s loss prevention team, Jenny advises law firm clients on risk management, professional liability, professional responsibility and legal ethics issues. She has more than 20 years’ experience as a litigator and over 12 years’ experience in professional responsibility counseling and defense of professional liability claims. Jenny is a member of the Professional Ethics Committee of the New York City Bar Association.

Prior to joining Aon in 2018, Jenny was the General Counsel of Herrick, Feinstein LLP, a mid-sized, full-service law firm in New York and New Jersey, providing advice and guidance on professional responsibility, legal ethics, risk management and compliance issues and defending professional liability claims. Before taking on the General Counsel role, Jenny was a partner in Herrick’s litigation department and focused her practice on complex litigation for financial institutions and for manufacturers in the pharmaceutical, consumer products, automotive and chemical industries at both trial and appellate levels.

Jenny graduated from Georgetown University Law Center and earned her undergraduate degree summa cum laude from The College of New Jersey.

Jenny regularly speaks on professional responsibility, risk management, and attorney-client privilege topics.

I. Initial Insights | 2:00pm – 2:05pm

II. Key Ethical Obligations to Clients; Model Rules 1.1, 1.4, 1.6, 1.7, 1.8 | 2:05pm – 2:20pm

• ABA Model Rules of Professional Conduct and state-specific rules
• National Association of Legal Assistants Code of Ethics
• Ethical expectations of attorneys and paralegals
• Duty of confidentiality
• Avoiding conflicts of interest
• Duties of competence and communication
• Professionalism under stress
• Practical tips for compliance

III. The Duties and Responsibilities of Legal Professionals; Model Rules 5.3, 5.5 | 2:20pm – 2:25pm

• Attorneys and paralegals
• The Unauthorized Practice of Law (UPL)
• Admission to the Bar

IV. Law Office Best Practices | 2:25pm – 2:40pm

• Promoting a respectful workplace
• Types of harassment
• Best practices for leadership

V. Best Practices for Day-to-Day Communications with Clients; Model Rules 1.1, 1.4, 1.6 | 2:40pm – 3:00pm

• Attorney-client privilege
• Email or Memo – which is appropriate?
• Clear and objective writing
• Avoiding transmission disasters

Break | 3:00pm – 3:10pm

VI. Managing Client Expectations; Model Rules 1.2, 1.4, 1.5 | 3:10pm – 3:20pm

• The initial meeting
• Early case analysis
• The engagement agreement

VII. Dealing with Challenging Clients | 3:20pm – 3:30pm

• Types of challenging clients
• Problems which challenging clients present
• Strategies for dealing with difficult client

VIII. Basics of Business Development; Model Rules 1.6, 7.2, 7.3 | 3:30pm – 3:40pm

• Building your brand
• Working your network
• Tips for meets and greets
• Lessons learned from client development
• Ethical obligations when using social media

IX. Ethical Obligations Relating to Witnesses; Model Rules 3.3, 3.4, 4.3 | 3:40pm – 3:50pm

• Witness preparation
• Truthfulness and Integrity
• Handling unrepresented witnesses
• Seeking supervision when handling uncooperative witnesses

X. Expert Witnesses: Challenges and Best Practices | 3:50pm – 4:00pm

• Vetting and Selecting expert witnesses
• Communications with expert witnesses
• Preparing experts for testimony

XI. Final Assessment | 4:00pm – 4:10pm

• Professional success (proficiency, reputation and results)
• Balancing attention to detail with big-picture strategy
• Business acumen and personal branding
• Mentors