The Challenges Facing a Law Firm’s In-House Counsel: How to Follow the Ethics Rules While Protecting the Interests of the Firm
Recording of a 90-minute CLE webinar with Q&A
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.
Outline
- Advantages of appointing in-house ethics counsel
- Duties to the law firm’s clients when consulting with in-house ethics counsel
- Client notification and waiver
- Disclosure requirements
- Reporting of misconduct
- Best practices for law firms to avoid ethics violations
- 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 within the firm seeking an ethics consultation?
- 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 the client sues, or threatens to sue, the firm?
Faculty
William T. Burke
Partner
Williams & Connolly
Mr. Burke concentrates his practice on complex commercial litigation, professional liability defense, and... | Read More
Mr. Burke concentrates his practice on complex commercial litigation, professional liability defense, and investigations. He has successfully represented clients in federal and state courts, arbitrations, and federal regulatory proceedings throughout the U.S. In the field of professional liability defense, Mr. Burke has defended major law firms in malpractice actions, grand jury investigations, and SEC investigations, has represented individual lawyers in ethics proceedings, and has defended state court judges in lawsuits asserting federal civil rights claims. He also serves as a member of the firm’s Ethics Committee.
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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
Mr. Davant represents clients in high-stakes litigation. He has represented clients in disputes over contracts, trade secrets, IP licenses, real estate, civil rights, labor law, financial services, and numerous other areas in state and federal courts, and in JAMS, AAA, and ICC arbitrations. Mr. Davant has particular experience defending law firms and accounting firms accused of malpractice or other wrongdoing. He has represented many of the largest law firms and accounting firms.
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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
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).
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