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The MSBA's ADR Section Presents


"Has the ABA Endorsed an End-Run Around the Rule Against Contact With Represented Parties? - ABA Formal Opinion 11-461"

Does this opinion, controversial since issued, permit conduct that subverts the protections again overreaching in Rule 4.2 of the Rules of Professional Responsibility? The impact of this opinion (not yet adopted in Minnesota) on good faith settlement discussions/effective ADR practice, will be discussed and debated by section members.

ABA Formal Opinion 11-461

Scripting Contacts With Represented Persons by Martin Cole

On Second Thought: Changes Mulled Re: ABA Opinion on Client Communications Issue by James Podgers



William Wernz , Dorsey & Whitney
Bill Wernz is an Of Counsel member of the Trial Department at Dorsey & Whitney LLP. He was Ethics Partner and a member of the Trial Department at Dorsey & Whitney LLP in Minneapolis 1992-2009. He practices in the areas of attorney ethics, malpractice and fiduciary law. He is the author of Minnesota Legal Ethics (2011), an online treatise, hosted by the Minnesota State Bar Association. From 1985 to 1992 Mr. Wernz was the Director of the Minnesota Lawyers Board. In 1998-99 he was the president of the Association of Professional Responsibility Lawyers, a nationwide group of over 200 lawyers.

1 hour of Ethics CLE credit approved (event code: 164306)



Date:   Tuesday, February 14, 2012
Time:   12:00 p.m. to 01:30 p.m.
Location:   MSBA Offices
600 Nicollet Mall, Suite 380 Minneapolis, MN 55402 


Section Members:  Free
MSBA Members (But Not ADR Section Members):  Free
Law Students:  Free
Non-MSBA Members:  $15.00

Teleconferencing is available. Please indicate that you will be participating via teleconference when you register or contact Jennifer Carter by February 10, 2012. Teleconferencing instructions will be emailed by noon on February 13, 2012.

Cancellation Policy:

Refunds will be processed for cancellation requests received in writing on or before noon on the registration deadline. Requests should be directed to the event contact person listed at the bottom of this notice. Cancellation requests received after this time are not eligible for refunds. You may send a colleague in your place if you are unable to join us and the registration deadline has passed.

Requests for an exception to this policy should be directed to Elyse Farnsworth, Section Services Director, by e-mail or at (612) 278-6336