Concurrently and Ethically Representing Companies, Owners, and Employees in the Same Matter
Strategies for Avoiding Disqualification, Honoring Client's Choice of Counsel, and Managing Privilege and Work Product
This webinar offers 60 minutes of ethics credit.
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will guide outside litigation counsel through the practicalities and applicable ethical rules for avoiding disqualification when they are asked to represent the client as well as the client's members, officers, directors, or employees in the same matter or in depositions. The panel will also discuss strategies and solutions for anticipating potential conflicts when a key employee-witness leaves the company.
Outline
- Relevant Model Rules of Professional Responsibility (MR 1.13, 4.3, 4.4)
- Representing the company and its owners or management
- Client employee depositions
- Foreseeing departing employee testimony
- Recent cases
Benefits
The panel will review these and other issues:
- What is "serious wrongdoing" for purposes of disqualification from representing owners/management and the entity?
- Must an attorney deal with company employees as unrepresented persons under Model Rule 4.3?
- Is the employee who is represented by the company's lawyer at a deposition simply an accommodation client?
- What is the proper way for a corporate client to offer to cover the costs of a current or former employee's representation during a deposition?
Faculty
Diana C. Manning
Principal, Chair Business and Commercial Litigation Practice Group
Bressler, Amery & Ross
Ms. Manning has over two decades of experience in complex commercial litigation at both the trial and... | Read More
Ms. Manning has over two decades of experience in complex commercial litigation at both the trial and appellate levels. She has developed a successful track record of trial verdicts and settlements, especially in complex matters. She also has a reputation as a strategic, thoughtful, and fearless advocate for all of her clients. Ms. Manning is also an accomplished appellate lawyer who has participated in six matters before the New Jersey Supreme Court, including arguing four times. She is an avid presenter and author on business litigation, legal ethics, products liability, and professional liability. Ms. Manning is the author of the New Jersey Chapter of The Law of Lawyer’s Liability: Fifty-State Survey of Legal Malpractice, ABA/First Chair Press, which provides an overview of the laws governing attorney malpractice in each state.
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Michael E. McCabe, Jr.
Managing Partner
McCabe Ali
Mr. McCabe is a registered patent attorney with 20 years of experience representing foreign and domestic entities and... | Read More
Mr. McCabe is a registered patent attorney with 20 years of experience representing foreign and domestic entities and individuals across a wide array of technologies in patent and trademark matters before the federal courts and the USPTO. He also represents practitioners involved in claims of professional misconduct, attorney discipline, and ethics matters before the Office of Enrollment and Discipline of the USPTO and the state bars of Maryland, Virginia and the District of Columbia. Mr. McCabe is a former adjunct professor of law at George Mason University School of Law.
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John B. Sullivan
Partner
Long & Levit
Mr. Sullivan’s extensive experience in representing law firms of all sizes allows him to understand claims raised... | Read More
Mr. Sullivan’s extensive experience in representing law firms of all sizes allows him to understand claims raised by aggrieved clients and work with firms to respond to and resolve those claims informally or, when necessary, through litigation. Since joining the firm in 2005, he has focused his practice almost exclusively on law firm defense. Mr. Sullivan has defended attorneys in state and federal courts, resolving claims at the pleading stage, summary judgment, mediation, trial and arbitration. During this time, he also has represented attorneys in State Bar matters, advised firms regarding partnership disputes, and prosecuted fee claims. Mr. Sullivan also counsels firms on liability and ethics issues. He currently serves as the Chair of the San Francisco Bar Association Legal Malpractice Section. Mr. Sullivan frequently presents on professional liability topics and has also been asked to comment for publications on California Court of Appeal decisions relevant to ethics and professional liability.
CloseEarly Discount (through 05/30/25)