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 with 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 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?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Thomas B. Mason
Partner, Chair of Legal Profession and Ethics Practice
He focuses his practice in the areas of professional responsibility and legal ethics. He advises and represents... | Read More
He 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. He served on the D.C. Bar Rules of Professional Conduct Review Committee from 2002 to 2008. He is currently Chair of the D.C. Bar Legal Ethics Committee. He speaks on ethics issues at legal conferences and seminars.Close
David J. McMahon
Barger & Wolen
He is Managing Partner of the firm’s San Francisco office. His practice focuses on large complex litigation,... | Read More
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.Close