Ethically Representing Clients With Adverse Interests: Assessing When Legal Adverseness Requires Disqualification
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide both litigators and transactional lawyers in distinguishing between a prohibited representation that is directly adverse to concurrent or former clients and a permitted representation. The program will review scenarios where conflicts are relatively straightforward but focus on those situations where determining the existence of a material adverse interest is difficult. The panel will also discuss the propriety--and effectiveness--of attempting to create or dissolve "direct adverse interests" through consent.
- Relevant rules and how to identify a conflict
- Potential conflicts of interest and conflict resolution
- Lateral moves
- Adversity with former clients
- Personal conflicts of interest
- Over extensive outside counsel guidelines
- Hot potato rule
The panel will discuss these and other key issues:
- When do an attorney's relationships create a conflict requiring disclosure to the client and informed consent?
- Is attacking a lawyer's prior work or cross-examining a former client a material adverse representation?
- Should counsel's vocal participation in a community issue prevent them from representing a client with whom the lawyer disagrees on a public issue?
- Can a lawyer advocate a position in one case contrary to the one advocated previously?
Geri S. Krauss
Ms. Krauss is a respected litigator and recognized expert on complex issues relating to professional partnerships.... | Read More
Ms. Krauss is a respected litigator and recognized expert on complex issues relating to professional partnerships. She counsels lawyers in disputes involving partners, employees and their firms, as well as negotiates and litigates such disputes. She often speaks and authors on lateral hiring and wrote Partner Departures and Lateral Moves: A Legal and Ethical Guide (ABA 2009).Close
The Lefkowitz Firm LLC
Mr. Lefkowitz represents individuals and companies (corporations, LLCs, PCs, etc.) in their claims for legal... | Read More
Mr. Lefkowitz represents individuals and companies (corporations, LLCs, PCs, etc.) in their claims for legal malpractice (legal negligence) and similar claims such as breach of fiduciary duty; trustee misconduct; executor misconduct and ethical misconduct by attorneys and other fiduciaries. He also represents attorneys and law firms with regard to risk management, law firm dissolutions and attorney’s fee disputes.Close
Port J. Parker
Parker Taylor Law Group APC
Mr. Parker has more than 25 years of experience in innumerable areas of law. He specializes in complex civil, tort, and... | Read More
Mr. Parker has more than 25 years of experience in innumerable areas of law. He specializes in complex civil, tort, and probate litigation, with an emphasis on matters involving trusts and estates, corporate, professional malpractice, and breach of fiduciary duty (including legal, accountancy, trustee, and real estate). Mr. Parker has also successfully litigated cases involving franchise, partnership, insurance, business and property disputes, as well as employment and securities-related matters.Close
Lauren E. Snyder
Harris Wiltshire & Grannis LLP
Ms. Snyder, Vice Chair of the HWG’s Legal Ethics and Malpractice group, focuses her practice on legal ethics and... | Read More
Ms. Snyder, Vice Chair of the HWG’s Legal Ethics and Malpractice group, focuses her practice on legal ethics and malpractice, complex civil litigation, and government enforcement actions. She has represented various individuals and corporations in a wide range of federal criminal investigations and prosecutions, including investigations and prosecutions related to price-fixing cartels, mail and wire fraud, “off label” use of medical devices, and financial crimes.Close