Attorney Conflicts of Interest: Identifying and Resolving Ethical Pitfalls
Strategies to Minimize the Risk of Ethics Violations and Malpractice Claims
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, June 29, 2010
Recorded event now available
This CLE Webinar will provide attorneys with a framework to identify the most problematic and difficult to detect conflicts risks. The panel will outline best practices for attorneys to cope with conflicts that could otherwise result in disqualification, discipline and malpractice.
Description
Conflicts of interest are among the most common ethical dilemmas for attorneys. Whether the situation involves a personal conflict, a multi-client conflict, or a third-party conflict, practitioners must identity situations or transactions that pose potential conflicts of interest.
In today’s legal environment, conflict issues that arise when attorneys change firms are particularly relevant. The ABA's new Formal Opinion 09-455 addresses situations in which revealing a client’s identity and description of work performed may itself violate client confidence.
While many conflicts can be resolved with client consent, an effective waiver depends on the nature of the conflict, the timing of the waiver request, and whether the client is a current or former client. Conflicts can also be anticipated and addressed in engagement letters.
Listen as our authoritative panel of attorneys discusses how to identify potential conflicts issues and outlines best practices for avoiding or resolving those conflicts.
Outline
- Identifying sources for potential conflicts of interest
- Defining the client
- Defining the adversity that triggers conflict rules
- Adverse client conflict — direct adversity or adverse representation
- Joint representation — dual or concurrent representation
- Adversity to former clients
- Personal conflicts of interest
- Conflict resolution
- Withdrawal from representation
- Client consent
- Conflict waivers
- Engagement letters
- Law firm conflicts checks
Benefits
The panel will review these and other key questions:
- What are some best practices for law firm conflict avoidance procedures?
- Under what circumstances will a conflict prevent representation?
- How can engagement letters effectively limit potential conflicts?
- What critical language should be included in a conflicts waiver document?
Faculty
Brett A. Scher,
Partner
Wilson Elser Moskowitz Edelman & Dicker, New York
His practice includes litigation in the fields of professional liability, insurance coverage disputes, commercial matters, securities, municipal liability and general liability. In the area of professional liability, Mr.Sher’s practice includes complex attorney malpractice claims. His practice addresses litigation on the trial and appellate levels nationwide in both state and federal courts.
Thomas B. Mason,
Partner
Zuckerman Spaeder, Washington, D.C.
He focuses his practice in the areas of professional responsibility and legal ethics and is Chair of the Firm’s Legal Profession and Ethics Practice. He advises and represents attorneys and firms on a variety of ethics matters: conflicts of interest, confidentiality, disciplinary investigations, partner departures and firm breakups. He is currently Chair of the D.C. Bar Legal Ethics Committee.
David J. McMahon,
Partner
Barger & Wolen, San Francisco, Calif.
He is Managing Partner of the Firm’s San Francisco office. His practice focuses on large complex litigation, appellate litigation, reinsurance litigation and counseling clients on attorney fee disputes and ethical issues relating to the practice of law. He has extensive experience in e-discovery, large case document management, and efficient use of technology to streamline handling of large cases.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, CO, FL, GA, MO, MT, NH, TX, VT, WA.
Upon request, also available in: CT*, ID, KY, LA, ME, NC, ND, NE, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $247.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CO, CT, FL, GA, HI, MO, MT, NH, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: ID, KY, ME, ND, NE, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
MP3 Download (Audio with Slide PDFs) $247.00
Available 24 hours after the live event
Webinar Download (Slide Presentation with Audio) $247.00
Available three business days after the live event
CD (Audio with Slide PDFs) $247.00
plus $9.45 S&H
Available ten business days after the live event
DVD (Slide Presentation with Audio) $247.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Ethics Credits
An excellent opportunity to earn ETHICS CLE credits in states where webinars are accredited.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Concise and accurate presentation. Handouts very informative.
William Moran
Shire Canada
A focused presentation offering practical information in a concise format.
Una Kang
Saiber
The presentations provided great insight.
Josh WInslow
Pabian & Russell
I liked the use of current court cases.
Robert Cundiff
Northwestern Memorial Hopsital
I liked the range of topics covered, from basic to advanced.
JoAnn Katzban
Garrity Graham Murphy Garofalo & Flinn
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
Seyfarth Shaw
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Of Counsel
Deloitte Financial Advisory Services