Course1

Ethics for Transactional Lawyers

$65.00

Representing a client in a business, commercial or real estate transaction can get ethically complicated very quickly.  There is the question of who you represent.  In a closely held company, with multiple shareholders or members, this can be problematic if the officer or manager from whom you are taking instructions thinks you represent that person and not the entity.  The client may offer you the opportunity to buy into a transaction, which puts your role as lawyer in tension with your role as investor.  There are also substantial ethical issues involved in negotiations and whether a party on the other side of the transaction is represented by legal counsel or not. This program will provide you with a real world guide to the ethics of representing clients in business, commercial, and legal transactions. Representation – who is your client? The company’s board or its owners? Do they know that? Counter-parties – how do you negotiate on behalf of your client with unrepresented parties? Business with clients – can you buy into (or be given) a stake in a client’s business or a transaction? Serving on a client’s board of directors – how do you separate your legal role from your fiduciary obligation? Negotiations – how do ethics rules limit your flexibility to negotiate? Speakers: William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.   Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  

  • MP3 Download
    Format
  • 60
    Minutes
  • 11/22/2025
    Avail. Until
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Course1

LIVE REPLAY: Drafting Waivers of Conflicts of Interests

$65.00

A bedrock principle of lawyer ethics is that lawyers owe their clients loyalty, free of conflicts of interest – unless those conflicts are explicitly waived by a client in writing.  Clients are entitled to zealous representation without the lawyer being conflicted by other representations.  When a conflict arises, the lawyer is required to decline the representation causing the conflict or withdraw from an ongoing matter – unless the conflict is explicitly waived by the client.  But waivers are not always easily accomplished.  They must be carefully drafted – particularly when it purports to be of an anticipated conflict. This program will provide you with a real-world guide to the rules governing conflict waivers, types of waivers, and how to draft them to avoid future dispute and ethical sanction. Drafting effective waivers of conflicts of interest Key provisions of waivers and ensuring there is “informed” consent Advance waivers – drafting waivers for anticipated conflicts Types of advance waivers – stating subject area, adverse parties, neither or both Sources of rules and practical guidance on drafting waivers Common mistakes made in drafting waivers Consequences of ineffective waivers Speaker: William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/24/2025
    Presented
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Course1

LIVE REPLAY: Drafting Waivers of Conflicts of Interests

$65.00

A bedrock principle of lawyer ethics is that lawyers owe their clients loyalty, free of conflicts of interest – unless those conflicts are explicitly waived by a client in writing.  Clients are entitled to zealous representation without the lawyer being conflicted by other representations.  When a conflict arises, the lawyer is required to decline the representation causing the conflict or withdraw from an ongoing matter – unless the conflict is explicitly waived by the client.  But waivers are not always easily accomplished.  They must be carefully drafted – particularly when it purports to be of an anticipated conflict. This program will provide you with a real-world guide to the rules governing conflict waivers, types of waivers, and how to draft them to avoid future dispute and ethical sanction. Drafting effective waivers of conflicts of interest Key provisions of waivers and ensuring there is “informed” consent Advance waivers – drafting waivers for anticipated conflicts Types of advance waivers – stating subject area, adverse parties, neither or both Sources of rules and practical guidance on drafting waivers Common mistakes made in drafting waivers Consequences of ineffective waivers Speaker: William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/24/2025
    Presented
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Course1

Joint Representations, Part 1: Civil Litigation Focus

$65.00

Joint representations in civil litigation present unique opportunities and significant ethical minefields that can derail cases and careers. This two-part program provides essential guidance on when joint representation serves clients' interests and when it creates insurmountable conflicts. Practitioners will learn to navigate these complex arrangements while maintaining ethical compliance and effective advocacy.   Part 1: Evaluate when joint representation benefits multiple parties in litigation Identify potential conflicts before they become ethical violations Master consent procedures and documentation for joint representations Understand the scope of shared confidentiality in joint arrangements Learn to structure retainer agreements for multiple-client representations   Part 2: Navigate withdrawal obligations when conflicts develop mid-litigation Handle strategic considerations for managing divergent client interests Address privilege issues unique to joint representation scenarios Develop communication protocols that protect all parties' interests Master fee allocation and billing practices in joint representations   Speaker: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/25/2025
    Presented
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Course1

Joint Representations, Part 1: Civil Litigation Focus

$65.00

Joint representations in civil litigation present unique opportunities and significant ethical minefields that can derail cases and careers. This two-part program provides essential guidance on when joint representation serves clients' interests and when it creates insurmountable conflicts. Practitioners will learn to navigate these complex arrangements while maintaining ethical compliance and effective advocacy.   Part 1: Evaluate when joint representation benefits multiple parties in litigation Identify potential conflicts before they become ethical violations Master consent procedures and documentation for joint representations Understand the scope of shared confidentiality in joint arrangements Learn to structure retainer agreements for multiple-client representations   Part 2: Navigate withdrawal obligations when conflicts develop mid-litigation Handle strategic considerations for managing divergent client interests Address privilege issues unique to joint representation scenarios Develop communication protocols that protect all parties' interests Master fee allocation and billing practices in joint representations   Speaker: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/25/2025
    Presented
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Course1

Joint Representations, Part 2: Civil Litigation Focus

$65.00

Joint representations in civil litigation present unique opportunities and significant ethical minefields that can derail cases and careers. This two-part program provides essential guidance on when joint representation serves clients' interests and when it creates insurmountable conflicts. Practitioners will learn to navigate these complex arrangements while maintaining ethical compliance and effective advocacy.   Part 1: Evaluate when joint representation benefits multiple parties in litigation Identify potential conflicts before they become ethical violations Master consent procedures and documentation for joint representations Understand the scope of shared confidentiality in joint arrangements Learn to structure retainer agreements for multiple-client representations   Part 2: Navigate withdrawal obligations when conflicts develop mid-litigation Handle strategic considerations for managing divergent client interests Address privilege issues unique to joint representation scenarios Develop communication protocols that protect all parties' interests Master fee allocation and billing practices in joint representations   Speaker: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/26/2025
    Presented
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Course1

Joint Representations, Part 2: Civil Litigation Focus

$65.00

Joint representations in civil litigation present unique opportunities and significant ethical minefields that can derail cases and careers. This two-part program provides essential guidance on when joint representation serves clients' interests and when it creates insurmountable conflicts. Practitioners will learn to navigate these complex arrangements while maintaining ethical compliance and effective advocacy.   Part 1: Evaluate when joint representation benefits multiple parties in litigation Identify potential conflicts before they become ethical violations Master consent procedures and documentation for joint representations Understand the scope of shared confidentiality in joint arrangements Learn to structure retainer agreements for multiple-client representations   Part 2: Navigate withdrawal obligations when conflicts develop mid-litigation Handle strategic considerations for managing divergent client interests Address privilege issues unique to joint representation scenarios Develop communication protocols that protect all parties' interests Master fee allocation and billing practices in joint representations   Speaker: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/26/2025
    Presented
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Course1

Negotiation Ethics: Balancing Boasts and Integrity

$65.00

Lawyers must be truthful.  Yet they must be zealous in the representation of their clients.  The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client.  The negotiation may be a settlement of litigation or in connection with a transaction. The lawyer may make statements about the law or fact – or simply refrain from making statements because the lawyer knows certain facts or legal precedent are adverse to his or her client’s interest.   Lawyers may also “puff” or boast, signaling that a negotiating stance is firmer than a client’s true positon or more substantively valid than the law can reasonably support.  At some point, the gray ethical line is tripped and what the lawyer does becomes improper. This program will provide you with a real world guide to ethical issues in lawyer negotiations.  Ethics and ethical drawing lines – what’s an acceptable level of deception in negotiations? Affirmative statements of fact, value or intent in settlements Silence about adverse law in negotiations Silence about facts unknown to an opponent or counter-party Silence about errors in settlement agreements or transactional documents Non-litigation work in another state – “temporary” practice Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.   Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, she practiced law in Washington DC and New York, focusing on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.       

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/4/2025
    Presented
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Course1

Negotiation Ethics: Balancing Boasts and Integrity

$65.00

Lawyers must be truthful.  Yet they must be zealous in the representation of their clients.  The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client.  The negotiation may be a settlement of litigation or in connection with a transaction. The lawyer may make statements about the law or fact – or simply refrain from making statements because the lawyer knows certain facts or legal precedent are adverse to his or her client’s interest.   Lawyers may also “puff” or boast, signaling that a negotiating stance is firmer than a client’s true positon or more substantively valid than the law can reasonably support.  At some point, the gray ethical line is tripped and what the lawyer does becomes improper. This program will provide you with a real world guide to ethical issues in lawyer negotiations.  Ethics and ethical drawing lines – what’s an acceptable level of deception in negotiations? Affirmative statements of fact, value or intent in settlements Silence about adverse law in negotiations Silence about facts unknown to an opponent or counter-party Silence about errors in settlement agreements or transactional documents Non-litigation work in another state – “temporary” practice Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.   Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, she practiced law in Washington DC and New York, focusing on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.       

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/4/2025
    Presented
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Course1

Ethics & Artifcial Intelligence: What Lawyers Should Know

$65.00

The use of artificial intelligence is not some distant prospect.  Many of the tools lawyers use today – online research platforms that suggest other areas for research, software packages that help complete forms or propose or assemble language, and discovery tools that sort through documents – are driven by artificial intelligence. These and other AI engineered legal tools raise substantial ethical issues. Are they the unauthorized practice of law? Have lawyers researched their capabilities such that they are competent to use them? How must lawyers supervise their use by non-lawyer staff?  This program will provide you with a guide to ethics issues when using software and other technology tools based on AI in law practice.   What duties do lawyers have to investigate and understand AI in the tools they use? Does AI constitute the unauthorized practice of law (UPL) in a state? Do software packages that draft language and assemble forms violate ethics rules? What supervisory and training obligations do lawyers have for non-lawyer staff using these tools? Are there ethics concerns of using AI in discovery? Must lawyers warn clients that they use AI?   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/9/2025
    Avail. Until
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Course1

Navigating Conflicts of Interest, Part 1

$65.00

Conflicts of interest remain among the most common sources of legal malpractice claims and disciplinary actions. This comprehensive two-part program transforms conflict analysis from guesswork into systematic risk management through practical frameworks and real-world scenarios. Attorneys will develop the skills to identify, evaluate, and properly handle conflicts before they become career-threatening problems.   Part 1: Apply systematic conflict-checking procedures and documentation requirements Understand when conflicts are consentable versus absolutely prohibited Master client consent processes and required disclosures Learn to identify conflicts in transactional versus litigation contexts Develop intake procedures that catch conflicts before engagement   Part 2: Handle conflicts that arise during ongoing representations Navigate conflicts between current and former clients Understand imputation rules and their impact on law firm operations Develop firm-wide policies for conflict prevention and management Learn remedial measures when conflicts are discovered after engagement   Speaker: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/9/2025
    Presented
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Course1

Navigating Conflicts of Interest, Part 1

$65.00

Conflicts of interest remain among the most common sources of legal malpractice claims and disciplinary actions. This comprehensive two-part program transforms conflict analysis from guesswork into systematic risk management through practical frameworks and real-world scenarios. Attorneys will develop the skills to identify, evaluate, and properly handle conflicts before they become career-threatening problems.   Part 1: Apply systematic conflict-checking procedures and documentation requirements Understand when conflicts are consentable versus absolutely prohibited Master client consent processes and required disclosures Learn to identify conflicts in transactional versus litigation contexts Develop intake procedures that catch conflicts before engagement   Part 2: Handle conflicts that arise during ongoing representations Navigate conflicts between current and former clients Understand imputation rules and their impact on law firm operations Develop firm-wide policies for conflict prevention and management Learn remedial measures when conflicts are discovered after engagement   Speaker: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/9/2025
    Presented
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Course1

Navigating Conflicts of Interest, Part 2

$65.00

Conflicts of interest remain among the most common sources of legal malpractice claims and disciplinary actions. This comprehensive two-part program transforms conflict analysis from guesswork into systematic risk management through practical frameworks and real-world scenarios. Attorneys will develop the skills to identify, evaluate, and properly handle conflicts before they become career-threatening problems.   Part 1: Apply systematic conflict-checking procedures and documentation requirements Understand when conflicts are consentable versus absolutely prohibited Master client consent processes and required disclosures Learn to identify conflicts in transactional versus litigation contexts Develop intake procedures that catch conflicts before engagement   Part 2: Handle conflicts that arise during ongoing representations Navigate conflicts between current and former clients Understand imputation rules and their impact on law firm operations Develop firm-wide policies for conflict prevention and management Learn remedial measures when conflicts are discovered after engagement   Speaker: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/10/2025
    Presented
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Course1

Navigating Conflicts of Interest, Part 2

$65.00

Conflicts of interest remain among the most common sources of legal malpractice claims and disciplinary actions. This comprehensive two-part program transforms conflict analysis from guesswork into systematic risk management through practical frameworks and real-world scenarios. Attorneys will develop the skills to identify, evaluate, and properly handle conflicts before they become career-threatening problems.   Part 1: Apply systematic conflict-checking procedures and documentation requirements Understand when conflicts are consentable versus absolutely prohibited Master client consent processes and required disclosures Learn to identify conflicts in transactional versus litigation contexts Develop intake procedures that catch conflicts before engagement   Part 2: Handle conflicts that arise during ongoing representations Navigate conflicts between current and former clients Understand imputation rules and their impact on law firm operations Develop firm-wide policies for conflict prevention and management Learn remedial measures when conflicts are discovered after engagement   Speaker: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/10/2025
    Presented
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Course1

LIVE REPLAY: Internet Ethics: Navigating Lawyer Responsibilities Online

$65.00

The Internet is the uniform information appliance for communications, research, and marketing, for consumers and for lawyers.  You can easily research witnesses, parties, judges, and jurors with a simple Google search.  Add in social media searches – blogs, Facebook, Twitter and many other platforms – and you can develop a rich demographic profile of all of these individuals.  With a few keystrokes, you can pull down more information than ever before. You can also communicate freely, unmediated and unrestricted, with virtually anyone. All of these functions are valuable in litigation and transactional practice but also give rise to substantial ethics issues – not everything that the Web enables is proper. This program will provide you with a real world guide to ethics issues when lawyer engage in research and communication using the Internet.    Communicating with parties, opposing attorneys, and witnesses via email, social media, and texting Researching jurors, parties, witnesses and judges via social media Blogging or sending newsletters/law updates to clients Trends in texting, confidentiality, and discoverability Law firm marketing via the web   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/15/2025
    Presented
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Course1

LIVE REPLAY: Internet Ethics: Navigating Lawyer Responsibilities Online

$65.00

The Internet is the uniform information appliance for communications, research, and marketing, for consumers and for lawyers.  You can easily research witnesses, parties, judges, and jurors with a simple Google search.  Add in social media searches – blogs, Facebook, Twitter and many other platforms – and you can develop a rich demographic profile of all of these individuals.  With a few keystrokes, you can pull down more information than ever before. You can also communicate freely, unmediated and unrestricted, with virtually anyone. All of these functions are valuable in litigation and transactional practice but also give rise to substantial ethics issues – not everything that the Web enables is proper. This program will provide you with a real world guide to ethics issues when lawyer engage in research and communication using the Internet.    Communicating with parties, opposing attorneys, and witnesses via email, social media, and texting Researching jurors, parties, witnesses and judges via social media Blogging or sending newsletters/law updates to clients Trends in texting, confidentiality, and discoverability Law firm marketing via the web   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/15/2025
    Presented
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Course1

Ethics and Conflicts with Clients, Part 1

$65.00

Despite best efforts, lawyers may develop ethical conflicts with their clients.  Sometimes these conflicts may initially seem like positive developments. The lawyer may seek to buy into a client’s business enterprise or participate in a transaction, be offered a gift by a client, or even develop a romantic relationship with a client.  But these and many others come with substantial ethical issues.  Sometimes these conflicts may be more immediately problematic, as when a lawyer leaves a law firm and wants to take his or her clients to the new firm, or when a client refuses to pay legal fees, or worse, as when the lawyer has a duty to disclose certain acts of his or her own malpractice.  This program will provide you with a real world guide to lawyer conflicts with their clients and how to avoid or resolve them. Day 1: Gifts – can lawyers accept from clients? Business – can lawyers go into business with a client? Departure – can lawyers take their clients to a firm? Former clients – what duties does a lawyer have? Day 2: Dishonest clients – what must you do? Lawyers as witnesses – how do you handle the conflict and privilege issues? Clients with diminished capacity – from whom do you take instructions?  What are the other issues? Settlements – what if a client’s tactics are improper? Malpractice – do you have a duty to disclose?   Speaker: William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/22/2025
    Avail. Until
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Course1

Ethics and Conflicts with Clients, Part 2

$65.00

Despite best efforts, lawyers may develop ethical conflicts with their clients.  Sometimes these conflicts may initially seem like positive developments. The lawyer may seek to buy into a client’s business enterprise or participate in a transaction, be offered a gift by a client, or even develop a romantic relationship with a client.  But these and many others come with substantial ethical issues.  Sometimes these conflicts may be more immediately problematic, as when a lawyer leaves a law firm and wants to take his or her clients to the new firm, or when a client refuses to pay legal fees, or worse, as when the lawyer has a duty to disclose certain acts of his or her own malpractice.  This program will provide you with a real world guide to lawyer conflicts with their clients and how to avoid or resolve them. Day 1: Gifts – can lawyers accept from clients? Business – can lawyers go into business with a client? Departure – can lawyers take their clients to a firm? Former clients – what duties does a lawyer have? Day 2: Dishonest clients – what must you do? Lawyers as witnesses – how do you handle the conflict and privilege issues? Clients with diminished capacity – from whom do you take instructions?  What are the other issues? Settlements – what if a client’s tactics are improper? Malpractice – do you have a duty to disclose?   Speaker: William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2025
    Avail. Until
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Course1

LIVE REPLAY: 2025 Ethics Update: Navigating New Challenges, Part 1

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attoarney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.   Day 1: Ethics and artificial intelligence Ethics and withness prep Emerging issues in conflicts of interest, part 1   Day 2: Office sharing and imputed dq issues Protection for data Emerging issues in conflicts of interest, part 2   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/6/2026
    Presented
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Course1

LIVE REPLAY: 2025 Ethics Update: Navigating New Challenges, Part 1

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attoarney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.   Day 1: Ethics and artificial intelligence Ethics and withness prep Emerging issues in conflicts of interest, part 1   Day 2: Office sharing and imputed dq issues Protection for data Emerging issues in conflicts of interest, part 2   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/6/2026
    Presented
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Course1

LIVE REPLAY: 2025 Ethics Update: Navigating New Challenges, Part 2

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attoarney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.   Day 1: Ethics and artificial intelligence Ethics and withness prep Emerging issues in conflicts of interest, part 1   Day 2: Office sharing and imputed dq issues Protection for data Emerging issues in conflicts of interest, part 2   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/7/2026
    Presented
SEE MORE
Course1

LIVE REPLAY: 2025 Ethics Update: Navigating New Challenges, Part 2

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attoarney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.   Day 1: Ethics and artificial intelligence Ethics and withness prep Emerging issues in conflicts of interest, part 1   Day 2: Office sharing and imputed dq issues Protection for data Emerging issues in conflicts of interest, part 2   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/7/2026
    Presented
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Course1

Ethics of Working with Experts and Witnesses

$65.00

Preparing witnesses – whether fact witnesses or experts – for deposition or trial or conferring with them during breaks in testimony fraught with ethical issues. Expert witnesses are paid for their time, not their testimony. Though they may be hired to support a client’s view of the facts, there are limits to how experts can be coached. There are also real limits to how attorneys can prompt fact witnesses, for instance to “not remember” unfavorable facts. There are also significant ethical issues involving how to handle inadvertently produced privileged documents and when testimony goes in an unexpected adverse direction. This program will provide you with a practical guide to the ethical issues and traps of working with witnesses.   Paying witnesses for their time versus their testimony Prompting a witness to “not remember” unfavorable testimony Conferring with witnesses during deposition breaks and the limits of what you advise Dishonest witnesses – what are your obligations to the court and your client? How to handle the inadvertent production of privileged documents Drafting witness affidavits without interviewing the witness   Speakers: Thomas E. Spahn is a partner in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 1,800 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 900 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis.  Mr. Spahn graduated magna cum laude from Yale University and received his J.D. from Yale Law School. Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 1/20/2026
    Avail. Until
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Course1

Ethics of Working with Experts and Witnesses

$65.00

Experts and witnesses can elevate your case—or your risk profile. This program addresses compensation, independence, communications, and disclosure through an ethics lens. Learn how to prepare effectively while honoring your duties to the court and client.   Structure payments and avoid contingency-based pitfalls. Manage drafts, messaging apps, and discoverability of communications. Balance witness preparation with the prohibition on coaching. Clear conflicts and maintain expert independence.   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections. For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/21/2026
    Presented
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Course1

Ethics of Working with Experts and Witnesses

$65.00

Experts and witnesses can elevate your case—or your risk profile. This program addresses compensation, independence, communications, and disclosure through an ethics lens. Learn how to prepare effectively while honoring your duties to the court and client.   Structure payments and avoid contingency-based pitfalls. Manage drafts, messaging apps, and discoverability of communications. Balance witness preparation with the prohibition on coaching. Clear conflicts and maintain expert independence.   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections. For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/21/2026
    Presented
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Course1

LIVE REPLAY: When the Law or Facts Are Against You: Ethical Considerations for Lawyers

$65.00

Every lawyer wrestles with how to handle facts or law that is unfavorable to a client. There is a natural tension between a lawyer’s duty to be honest, on the one hand, and the lawyer’s duty to provide zealous representation of a client.  In some instances, bad facts or bad law must be disclosed.  In other instances, disclosure is not required. How this tension is resolved involves substantial ethical issues.  This program will discuss the ethics issues involved and how they may be resolved in a practical setting. Ethical issues surrounding the representation of adverse facts to tribunals and adversaries   Disclosure of adverse legal precedents Required discloses of bad facts or law Timing issues – when must the disclosure occur? Related issues of confidentiality and the attorney-client privilege Ex parte communications with the courts – what’s ethically permissible, what’s not?   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/23/2026
    Presented
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Course1

LIVE REPLAY: When the Law or Facts Are Against You: Ethical Considerations for Lawyers

$65.00

Every lawyer wrestles with how to handle facts or law that is unfavorable to a client. There is a natural tension between a lawyer’s duty to be honest, on the one hand, and the lawyer’s duty to provide zealous representation of a client.  In some instances, bad facts or bad law must be disclosed.  In other instances, disclosure is not required. How this tension is resolved involves substantial ethical issues.  This program will discuss the ethics issues involved and how they may be resolved in a practical setting. Ethical issues surrounding the representation of adverse facts to tribunals and adversaries   Disclosure of adverse legal precedents Required discloses of bad facts or law Timing issues – when must the disclosure occur? Related issues of confidentiality and the attorney-client privilege Ex parte communications with the courts – what’s ethically permissible, what’s not?   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/23/2026
    Presented
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Course1

Lawyer Ethics of Using Paralegals

$65.00

Paralegals are often essential for lawyers to successfully practice law.  Paralegals conduct basic legal research, help review and prepare documents, and sometimes screen clients.  Still, they are not lawyers and not directly subject to the ethics rules applicable to lawyers. But the lawyers who supervise their work are responsible for their actions and liable for any improper conduct.  Lawyers are responsible for ensuring that their paralegals’ work conforms to ethics rules. If a paralegal’s actions breach client confidentiality, compromise the attorney-client privilege, or are otherwise improper, the supervising lawyer is ethically responsible for that misconduct.  This program will provide you with a practical guide to how ethics rules make supervising lawyers responsible for the actions of their paralegals.    Conflicts of interest and the attribution of paralegal knowledge about client matters Determining when paralegal research and document preparation becomes the unauthorized practice of law How paralegals must be instructed about client confidentiality – and lawyer consequences on breach Attorney-client privilege implications when clients communicate with paralegals – and risk of inadvertent disclosure Issues when paralegals participate in discovery Fee sharing with paralegals   Speaker: Thomas E. Spahn is a partner in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility, and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 1,800 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public  his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 900 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis.  Mr. Spahn graduated magna cum laude from Yale University and received his J.D. from Yale Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 1/26/2026
    Avail. Until
SEE MORE
Course1

Lawyer Ethics of Using Paralegals

$65.00

Effective delegation elevates service, but ethics rules set clear guardrails. Learn how to supervise work, protect confidentiality, and prevent unauthorized practice. We provide workflows and billing practices that withstand client and court review.   Implement Model Rule 5.3 supervision with practical checklists. Safeguard client data in shared drives and remote settings. Describe and bill paralegal time with clarity and accuracy. Set boundaries on client communications and court appearances.   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections. For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/27/2026
    Presented
SEE MORE
Course1

Lawyer Ethics of Using Paralegals

$65.00

Effective delegation elevates service, but ethics rules set clear guardrails. Learn how to supervise work, protect confidentiality, and prevent unauthorized practice. We provide workflows and billing practices that withstand client and court review.   Implement Model Rule 5.3 supervision with practical checklists. Safeguard client data in shared drives and remote settings. Describe and bill paralegal time with clarity and accuracy. Set boundaries on client communications and court appearances.   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections. For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/27/2026
    Presented
SEE MORE