Attorney Conflicts of Interest: Identifying and Resolving Ethical Challenges
Strategies to Minimize the Risk of Ethics Violations and Malpractice Claims
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will provide practitioners with a framework to identify the most problematic and difficult to detect conflicts of interest. The panel will outline best practices for counsel to cope with conflicts that could potentially result in disqualification, discipline or even malpractice.
- 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
The panel will review these and other key issues:
- 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?
Thomas B. Mason
Partner, Chair of Legal Ethics and Malpractice Group
Harris Wiltshire & Grannis
Mr. Mason focuses his practice in the areas of professional responsibility and legal ethics. He advises and represents... | Read More
Mr. Mason focuses his practice in the areas of professional responsibility and legal ethics. He advises and represents attorneys and law firms on malpractice and ethics matters. Mr. Mason served on the D.C. Bar Legal Ethics Committee from 2006 to 2012, including three terms as Chair from 2009 to 2012. Mr. Mason is currently Vice-Chair of the District of Columbia Bar Rules of Professional Conduct Review Committee. He speaks on ethics issues at legal conferences and seminars.Close
David J. McMahon
With more than three decades of experience on some of the biggest litigation matters in the U.S., Mr. McMahon has been... | Read More
With more than three decades of experience on some of the biggest litigation matters in the U.S., Mr. McMahon has been a trusted advisor to law firms, corporations and government entities. As an expert, consultant and litigator, Mr. McMahon is nationally recognized for his ability to objectively evaluate all the information that is available to render opinions concerning the reasonableness and necessity of costs and attorney fees incurred in all types of complex litigation. He has objectively analyzed cases that include business and commercial litigation, IP matters, wage and hour litigation, rescission cases, environmental claims, D&O insurance, maritime matters and cases involving alleged insurer bad faith.Close
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