Law Firm In-House Ethics Consulting

Overcoming Ethical Challenges While Engaging Internal Ethics Counsel

ABA Formal Opinion 08-453 issued November 25

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, February 11, 2009

Program Materials

This seminar will examine why firms are designating in-house ethics counsel, the role of the ethics counsel and ethical issues that arise from consulting with in-house counsel. The seminar will offer best practices for law firms creating and employing in-house ethics advisors.

Description

Law firms are increasingly appointing in-house legal ethics counsel to help the firm and its attorneys avoid ethical missteps. In November 2008, the American Bar Association issued Formal Opinion 08-453, which addresses the use of in-house ethics consultants within law firms.

The ABA opinion discusses when firms must disclose communications with in-house ethics counsel, issues related to client consent and reporting of misconduct, and whether communications with the consultant are protected by the attorney-client privilege or subject to the fiduciary exception.

Listen as our panel of attorneys with experience advising and representing attorneys on disciplinary matters discusses why firms are designating in-house ethics counsel and the role of the ethics counsel. The panel will explain the ethical issues that arise from consulting with in-house counsel and will offer best practices for law firms employing in-house ethics advisors.

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Outline

  1. Role of in-house ethics counsel
  2. Consulting with in-house ethics counsel — review of ABA Formal Opinion 08-453
    1. Client notification
    2. Disclosure requirements
    3. Reporting of misconduct
  3. Attorney-client privilege concerns when consulting with in-house ethics counsel
  4. Best practices for law firms to avoid ethics violations

Benefits

The panel will review these and other key questions:

  • What are the key legal ethics issues that a law firm must consider when appointing an in-firm ethics counsel?
  • How does the ABA opinion address the conflict between the firm ethics counsel's confidentiality obligations and his or her potential responsibility to report lawyer misconduct?
  • Is an attorney-client relationship created between the in-house ethics counsel and another attorney within the firm seeking an ethics consultation?

Faculty

Andrew I. Dilworth
Andrew I. Dilworth

Partner
Cooper White & Cooper

He concentrates in the areas of general business litigation, criminal defense, and professional responsibility. He has...  |  Read More

Mark J. Fucile
Mark J. Fucile

Partner
Fucile & Reising

He counsels and trains lawyers, law firms and corporate and governmental legal departments on professional ethics and...  |  Read More

Michael P. Downey
Michael P. Downey
Partner
Hinshaw & Culbertson

He advises lawyers on avoiding malpractice claims and disciplinary complaints, firm formation, partner termination,...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Audio

$297