Course1

Ethics of Working with 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   Speaker: John M. Barkett is a partner in the Miami office of Shook, Hardy & Bacon, LLP, where his litigation practice encompasses contract disputes, employment, antitrust, trademark and environmental and toxic tort litigation.  He also has a substantial practice as an arbitrator, mediator, facilitator and allocator in a variety of substantive contexts.  He is former co-chair of the Environmental Litigation Committee of the ABA’s Section of Litigation.  Mr. Barkett serves as an adjunct professor at the University of Miami School of Law.  He received his B.A., summa cum laude, from Notre Dame University and his J.D. from Yale Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Ethics of Shared Law Offices, Working Remotely & Virtual Offices (5.17.19)

$65.00

Technology allows lawyers far more flexibility to practice law than ever before.  Lawyers can work in shared offices, splitting expenses with other small firms or solo practitioners. They can work remotely, from home or virtually anywhere, with basic computer and networking technology. But all these innovations come with potential ethics traps. These include issues of communications and confidentiality, supervising outsourced worked, multijurisdictional practice, and ethically managing all the technology used to practice law with this newfound flexibility.  This program will provide you with a practical guide to significant issues when lawyers and law firms share office space, work remotely, or establish “virtual” practices. Ethical issues when lawyers share office space or other resources but practice separately Disclosure to clients of virtual nature of law office Electronic communications, confidentiality, and ethical risks in virtual law offices How Web sites and a “virtual” presence implicate multijurisdictional practice issues Outsourcing work to paralegal services, including fee sharing issues  Speaker: 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. H. Michael Drumm is the founder and member of Drumm Law, LLC in Denver, Colorado, where he has an extensive franchise, trademark and business transactional practice.  He works with franchisors across industries nationwide helping them draft, file and renew their franchise Disclosure Documents and franchise agreements.  He has a specialty representing craft breweries to help them trademark their brands and protect their intellectual property. He has been repeatedly honored by Franchise Times magazine as a “Legal Eagle” and has been designated by the International Franchise Association as a “Certified Franchise Executive.”  Mr. Drumm received his BSBA from the University of Missouri-Columbia and his J.D. from the University of Texas School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/27/2022
    Avail. Until
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LIVE REPLAY: How Ethics Rules Apply to Lawyers Outside of Law Practice

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/31/2020
    Presented
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Ethics, Satisfied Clients & Successful Representations

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/22/2020
    Presented
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Course1

Ethics and Virtual Law Offices

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/15/2020
    Presented
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LIVE REPLAY: Professionalism for the Ethical Lawyer

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/14/2020
    Presented
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Course1

2020 Ethics and Social Media Update

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/9/2020
    Presented
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Course1

Ethics and Dishonest Clients

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/20/2020
    Presented
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Ethics of Beginning and Ending Client Relationships

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/17/2020
    Presented
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Ethics and Changing Law Firm Affiliation

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/6/2020
    Presented
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Course1

Ethics in Trust and Estate Practice

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/9/2020
    Presented
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Course1

Professionalism for the Ethical Lawyer

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/28/2020
    Presented
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Course1

How Ethics Rules Apply to Lawyers Outside of Law Practice

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 5/13/2020
    Presented
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Course1

2020 Ethics Update 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 attorney-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 portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. 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 20 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.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. 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
  • 2/6/2020
    Presented
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2020 Ethics Update 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 attorney-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 portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. 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 20 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.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. 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
  • 2/7/2020
    Presented
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LIVE REPLAY: 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. Ethics of representing clients in 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.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. 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
  • 2/24/2020
    Presented
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Course1

Ethics and Digital Communications

$65.00

Lawyer use of technology, in both their professional and personal lives, is inescapable, and frequently those two worlds blend and give rise to substantial ethical issues.  Lawyer talk to, email, text and otherwise communicate with clients using smartphones and tablets.  Frequently these and laptops are connected to public or at best semi-secure networks, despite the fact they are used to carry sensitive and often confidential information.  The ease of technology obscures its complexity – a complexity lawyers are required, as duty of competence, to understand before they use it.  This program will provide you with a roadmap through the maze of ethical issues that occur when lawyers use technology in their lives and practices. Blurry line between using technology – smartphones, tablets, laptops – for personal purposes v. law practice WiFi and the “Cloud” – ensuring client communications & files are secure Text messaging – the duty to retain certain client communications Law firm web sites and blogs and the limits of online business development Social media – obtaining information on clients, adversaries, jurors and others   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 2/25/2020
    Presented
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LIVE REPLAY: Ethics of Identifying Your Client: It's Not Always Easy

$65.00

The first step in every ethics analysis is answering the question, who is your client?  It’s seemingly a very easy question to answer, but it’s not always 20/20 except in hindsight.  Representing multiple parties on the same matter, whether in litigation or on a transaction, may mean you have many clients, some or all with conflicts.  If you’re a private practitioner and you represent an organization, your client may be the entity, its officers from whom you are taking directions, or possibly both. If you’re an in-house attorney, the analysis – and its implications for the attorney-client privilege – becomes even more complex. This program will provide you with a real world guide to ethics of identifying your client in a variety of settings avoiding conflicts of interest with the client. Ethics and identifying your client and avoiding conflicts in transactions and litigation Representing businesses entities, nonprofit associations, and the government – client v. person giving directions Identifying clients in trust and estate planning – the testator or the person paying your fees? Special ethical challenges and ethical risks for in-house counsel and attorney-client privilege issues How to untangle clients and conflicts in joint representations – managing conflicts and information flows Best practices in documenting client representation to avoid later challenge   Speakers: 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.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School. 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
  • 2/28/2020
    Presented
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LIVE REPLAY: 2019 Attorney-Client Privilege & Confidentiality Update

$65.00

Confidentiality sits at the heart of the attorney-client relationship.  Confidential and mostly inviolable communications between a client and attorney are the core of the attorney-client privilege and the attorney’s duty of confidentiality. Though the privilege and the ethical duty are related and often cover similar content, they are distinct.  Understanding the distinction and how the privilege is preserved, especially in a hyper-interconnected electronic law office, are essential to law practice.  This program will provide you with a wide-ranging discussion of important developments related to the attorney-client privilege and the duty of confidentiality.  Important developments preserving the attorney-client privilege Duty of confidentiality developments and relationship to the privilege Understanding difference between confidentiality and the attorney-client privilege Preserving the privilege when representing joint clients Working with client agents and consultants Preserving the privilege – and confidentiality – in a hyper-connected electronic world   Speaker: 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
  • 3/9/2020
    Presented
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LIVE REPLAY: 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: Ethical issues when lawyers develop conflicts with their clients 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?   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.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/24/2020
    Presented
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LIVE REPLAY: 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: Ethical issues when lawyers develop conflicts with their clients 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?   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.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/25/2020
    Presented
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LIVE REPLAY: Ethics of Joint Representations: Keeping Secrets & Telling Tales

$65.00

Joint representation in litigation is fraught with potential conflicts of interest among the jointly represented parties.  There are substantial issues related to decision-making, information flows, confidentiality, and loyalty.  Any of these issues, if not carefully explained to clients and documented in written waivers, may lead to dramatically adverse results for clients – and expose the lawyer to ethics complaints and potential discipline.  This program will provide you with a practical guide to the substantial ethical issues in joint representations in litigation and how to navigate them. Forms of joint representations – separate representation on same matter v. joint representation on same matter Information flows under “keep secrets” and “no secrets” agreements Information flows in the absence of any agreement – what happens when there are no guardrails? Loyalty issues – managing inherent conflicts of interest and the use of advance waivers Voluntary and inadvertent creation of joint representations Attorney-client privilege ramifications in a later arising dispute among jointly represented clients   Speakers: 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.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School. 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
  • 4/10/2020
    Presented
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LIVE REPLAY: 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.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/13/2020
    Presented
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Lawyer Ethics in Real Estate Practice

$65.00

The real estate industry is fiercely competitive as developers and contractors, investors and lenders, brokers and others – often with the aid of legal counsel – seek advantage. This can easily present real estate lawyers with ethical dilemmas. Conflicts of interest are rife. There are issues of communicating and negotiating with unrepresented parties. There are also issues of taking an equity stake in a real estate venture in lieu of fees.  Sometimes, too, there is the discovery that a client is engaged in wrongdoing. These and many other ethical issues arise in real estate practice.  This program will provide you with a real world guide to common ethics issues in real estate practice. Joint representations of a business entity and its owners in a real estate transaction Representation of a client with adverse interests in unrelated transactions Receipt of deal equity in exchange for legal services Communications with unrepresented parties – and with represented parties Inadvertent disclosure of confidential deal terms Special issues when client wrongdoing is discovered   Speakers:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/29/2020
    Presented
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LIVE REPLAY: 2020 Ethics Update 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 attorney-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 portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. 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 20 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.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. 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
  • 5/18/2020
    Presented
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LIVE REPLAY: 2020 Ethics Update 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 attorney-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 portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2:  Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. 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 20 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.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. 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
  • 5/19/2020
    Presented
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Drafting Waivers of Conflicts of Interest

$65.00

A bedrock principle of lawyer ethics is that lawyers owe their clients loyalty, free of conflicts of interest, unless those conflicts are 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, 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, not an existing conflict. This program will provide you with a practical guide to the rules governing conflict waivers, types of waivers, and drafting tips.  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:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 5/21/2020
    Presented
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Lawyer Ethics and Email

$65.00

Law practice without email is difficult to imagine.  Clients and courts not only use it but expect lawyers to use it for communications. But email comes with a host of substantial ethical issues.  Is email secure?  Can it be used to – even inadvertently – create an attorney-client relationship? How does email impact the attorney-client privilege?  What about email conversations with a represented adversary?  How can confidentiality and other ethical duties be satisfied when law firms almost always work with outside vendors to provide email?  These and other substantial ethical questions will be discussed in this practical guide to the ethical issues when lawyers use email in their practices. Beginning an attorney relationship via email – intentionally and inadvertently Effect on attorney-client privilege when using a vendor for email Discarding/deleting email and working with outside vendors Ex parte communications with represented adversaries Corporate counsel issues – in-house creation of documents, legal v. business advice Inadvertently sent email and metadata embedded in email   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 6/17/2020
    Presented
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The Ethics of Bad Facts and Bad Law

$65.00

  Every representation involves “bad” facts and/or “bad” law – facts and law that run counter to a client’s objectives.  Ethical tensions and issues arise when a lawyer has todisclose bad facts or law to a court or administrative panel, or even to an adversary. At what point does the lawyer’s duty as a member of the bar and officer of the court require disclosure even when it is adverse to a client’s interest whom the lawyer must zealously represent?  What are the limits to how a lawyer may represent an adverse fact or adverse law, even unpublished law, to an adversary?  Answering these difficulty questions may not only impact the outcome of a representation but potentially expose ethical sanction.  This program will provide you with a practical guide to the ethical issues surrounding bad facts and bad law in client representations. Lawyer ethical duties to disclose bad facts and bad law Ethical issues surrounding the representation of adverse facts to tribunals and adversaries Duties to disclose adverse legal precedent to courts and administrative panels When is a lawyer required to disclose bad fact or law versus when they may disclose? Timing issues – at what stage should adverse facts and law be disclosed? Related issues of confidentiality and the attorney-client privilege Ex parte communications with the courts – what’s ethically permissible, what’s not?   Speakers:    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 6/23/2020
    Presented
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LIVE REPLAY: 2020 Ethics Update 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 attorney-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 portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. 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 20 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.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. 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
  • 7/23/2020
    Presented
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