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Challenges Facing a Law Firm's In-House Counsel: Following Ethics Rules While Protecting the Interests of the Firm

90-Minutes of Ethics Credit

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, December 12, 2024 (in 5 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE course will examine why firms designate in-house ethics counsel, the role of the ethics counsel, and ethical issues that arise from consulting with in-house counsel. The panel will offer best practices for law firms creating and employing in-house ethics advisers.

Description

Many law firms have appointed in-house counsel to help the firm and its attorneys avoid ethical missteps and defend the firm, if necessary, from potential claims. This arrangement heightens legal ethics awareness by designating an in-house lawyer to whom other lawyers may turn for an objective evaluation of legal ethics issues.

Those appointed as in-house counsel must help the law firm strike the proper balance between protecting its interests and fulfilling its ethical duties to its clients. If there is a problem relating to the law firm's representation of a client, then the firm's in-house counsel needs a clear understanding of what the firm must disclose to its current clients, the steps to protect its clients' interests, preserve the confidentiality of in-house communications, and position the firm to defend itself from potential claims.

Listen as our panel of attorneys--with extensive experience representing attorneys and law firms on legal ethics and professional liability defense--discusses why firms should designate in-house ethics counsel and how to perform that role. The panel will explain the ethical issues arising from consulting with in-house counsel and offer best practices for law firms employing in-house ethics advisers.

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Outline

  1. Advantages of appointing in-house ethics counsel
  2. Duties to the law firm's clients when consulting with in-house ethics counsel
    1. Client notification and waiver
    2. Disclosure requirements
    3. Reporting of misconduct
  3. Best practices for law firms to avoid ethics violations
  4. Preparing for a potential claim against the firm

Benefits

The panel will review these and other essential questions:

  • Is an attorney-client relationship created between the in-house ethics counsel and another attorney seeking an ethics consultation within the firm?
  • When a lawyer seeks advice from the law firm's in-house counsel, how can the firm ensure that the communications are privileged?
  • What information is the law firm ethically obligated to disclose to the client, and how should the firm make that disclosure?
  • What should in-house counsel do if a client sues, or threatens to sue, the firm?

Faculty

Davant, Charles
Charles Davant, IV

Partner
Williams & Connolly

Mr. Davant represents clients in high-stakes litigation. He has represented clients in disputes over contracts, trade...  |  Read More

Krauss, Geri
Geri S. Krauss

Managing Member
Krauss PLLC

Ms. Krauss is a respected litigator and recognized expert on complex issues relating to professional partnerships....  |  Read More

Riskin, David
David Randall J. Riskin

Partner
Williams & Connolly

An experienced commercial litigator at both the trial and appellate level, Mr. Riskin manages complex matters in state...  |  Read More

Attend on December 12

Cannot Attend December 12?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video