Course1

Ethics and Digital Communications

$65.00

Lawyer use of technology, in both their professional and personal lives, is inescapable, and frequently those two worlds blend and give rise to substantial ethical issues.  Lawyer talk to, email, text and otherwise communicate with clients using smartphones and tablets.  Frequently these and laptops are connected to public or at best semi-secure networks, despite the fact they are used to carry sensitive and often confidential information.  The ease of technology obscures its complexity – a complexity lawyers are required, as duty of competence, to understand before they use it.  This program will provide you with a roadmap through the maze of ethical issues that occur when lawyers use technology in their lives and practices. Blurry line between using technology – smartphones, tablets, laptops – for personal purposes v. law practice WiFi and the “Cloud” – ensuring client communications & files are secure Text messaging – the duty to retain certain client communications Law firm web sites and blogs and the limits of online business development Social media – obtaining information on clients, adversaries, jurors and others   Speaker:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Course1

2020 Ethics Update Part 2

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attorney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice. Day 1: Ethics portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Course1

2020 Ethics Update Part 1

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attorney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice. Day 1: Ethics portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Ethics of Working with Witnesses

$65.00

Preparing witnesses – whether fact witnesses or experts – for deposition or trial or conferring with them during breaks in testimony fraught with ethical issues. Expert witnesses are paid for their time, not their testimony. Though they may be hired to support a client’s view of the facts, there are limits to how experts can be coached. There are also real limits to how attorneys can prompt fact witnesses, for instance to “not remember” unfavorable facts. There are also significant ethical issues involving how to handle inadvertently produced privileged documents and when testimony goes in an unexpected adverse direction. This program will provide you with a practical guide to the ethical issues and traps of working with witnesses. Paying witnesses for their time versus their testimony Prompting a witness to “not remember” unfavorable testimony Conferring with witnesses during deposition breaks and the limits of what you advise Dishonest witnesses – what are your obligations to the court and your client? How to handle the inadvertent production of privileged documents Drafting witness affidavits without interviewing the witness   Speaker: John M. Barkett is a partner in the Miami office of Shook, Hardy & Bacon, LLP, where his litigation practice encompasses contract disputes, employment, antitrust, trademark and environmental and toxic tort litigation.  He also has a substantial practice as an arbitrator, mediator, facilitator and allocator in a variety of substantive contexts.  He is former co-chair of the Environmental Litigation Committee of the ABA’s Section of Litigation.  Mr. Barkett serves as an adjunct professor at the University of Miami School of Law.  He received his B.A., summa cum laude, from Notre Dame University and his J.D. from Yale Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Live Replay: Ethics and Digital Communications

$65.00

Lawyer use of technology, in both their professional and personal lives, is inescapable, and frequently those two worlds blend and give rise to substantial ethical issues.  Lawyer talk to, email, text and otherwise communicate with clients using smartphones and tablets.  Frequently these and laptops are connected to public or at best semi-secure networks, despite the fact they are used to carry sensitive and often confidential information.  The ease of technology obscures its complexity – a complexity lawyers are required, as duty of competence, to understand before they use it.  This program will provide you with a roadmap through the maze of ethical issues that occur when lawyers use technology in their lives and practices. Blurry line between using technology – smartphones, tablets, laptops – for personal purposes v. law practice WiFi and the “Cloud” – ensuring client communications & files are secure Text messaging – the duty to retain certain client communications Law firm web sites and blogs and the limits of online business development Social media – obtaining information on clients, adversaries, jurors and others   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 5/26/2020
    Presented
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LIVE REPLAY: Lawyer Ethics When Clients Wont Pay Fees

$65.00

Attorneys and clients are in a confidential relationship, one that demands the lawyer’s absolute loyalty and zealous representation of client interests.  But what if the client refuses to pay his or her lawyer?  At that point, the broad and categorical demands of the ethics rules run up against the practical business of running a law practice. This clash of interests raises a range of substantial ethical issues.  How can the lawyer compel payment yet continuing representing a client?  Must he or she withdraw from the representation?  Can the lawyer sue the client or place a lien on client property?  Is the lawyer allowed to breach certain confidences in obtaining payment? This program will provide you with a guide to the ethical issues that arise when a client refuses to pay for a lawyer’s legal services, practical methods to ethically obtain payment, and best practices to avoid these disputes. Ethics when clients refuse to pay their lawyers’ fees How to manage the direct conflict with a client without breaching confidences Determining whether continuing a representation is permissible or required When and how a withdrawal from a representation is permitted in the cases of non-payment of fees Ethical issues when a lawyer places a lien on client property or sues the client Issues when no-payment relates to one of multiple representations of a client Understanding related attorney-client privilege issues Best practices in engagement letters and billing practices to protect lawyers   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.   Matthew Corbin is Vice President and Director in the Professional Services Group of AON Risk Services, where he consults with the company’s law firm clients on professional responsibility and liability issues.  Before joining AON, he was a partner with Lathrop & Gage, LLP, where he was a trial and appellate lawyer handling professional liability, commercial, business tort, employment, construction, insurance, and regulatory matters. Before entering private practice, he served as a judicial clerk to Judge Mary Briscoe of the U.S. Court of Appeals for the Tenth Circuit.  Mr. Corbin earned his B.A. from the University of Kansas and his J.D. from the University of Kansas School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 5/1/2020
    Presented
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LIVE REPLAY: How Ethics Rules Apply to Lawyers Outside of Law Practice

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/31/2020
    Presented
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Ethics, Satisfied Clients & Successful Representations

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/22/2020
    Presented
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Course1

Ethics and Virtual Law Offices

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/15/2020
    Presented
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LIVE REPLAY: Professionalism for the Ethical Lawyer

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/14/2020
    Presented
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Course1

2020 Ethics and Social Media Update

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/9/2020
    Presented
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Course1

Ethics and Dishonest Clients

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/20/2020
    Presented
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Ethics of Beginning and Ending Client Relationships

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/17/2020
    Presented
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Ethics and Changing Law Firm Affiliation

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/6/2020
    Presented
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Course1

Ethics in Trust and Estate Practice

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/9/2020
    Presented
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Course1

Professionalism for the Ethical Lawyer

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/28/2020
    Presented
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Course1

How Ethics Rules Apply to Lawyers Outside of Law Practice

$65.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 5/13/2020
    Presented
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LIVE REPLAY: Ethics of Joint Representations: Keeping Secrets & Telling Tales

$65.00

Joint representation in litigation is fraught with potential conflicts of interest among the jointly represented parties.  There are substantial issues related to decision-making, information flows, confidentiality, and loyalty.  Any of these issues, if not carefully explained to clients and documented in written waivers, may lead to dramatically adverse results for clients – and expose the lawyer to ethics complaints and potential discipline.  This program will provide you with a practical guide to the substantial ethical issues in joint representations in litigation and how to navigate them. Forms of joint representations – separate representation on same matter v. joint representation on same matter Information flows under “keep secrets” and “no secrets” agreements Information flows in the absence of any agreement – what happens when there are no guardrails? Loyalty issues – managing inherent conflicts of interest and the use of advance waivers Voluntary and inadvertent creation of joint representations Attorney-client privilege ramifications in a later arising dispute among jointly represented clients   Speakers: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, she practiced law in Washington DC and New York, focusing on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/10/2020
    Presented
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LIVE REPLAY: Ethics & Artifcial Intelligence: What Lawyers Should Know

$65.00

The use of artificial intelligence is not some distant prospect.  Many of the tools lawyers use today – online research platforms that suggest other areas for research, software packages that help complete forms or propose or assemble language, and discovery tools that sort through documents – are driven by artificial intelligence. These and other AI engineered legal tools raise substantial ethical issues. Are they the unauthorized practice of law? Have lawyers researched their capabilities such that they are competent to use them? How must lawyers supervise their use by non-lawyer staff?  This program will provide you with a guide to ethics issues when using software and other technology tools based on AI in law practice. What duties do lawyers have to investigate and understand AI in the tools they use? Does AI constitute the unauthorized practice of law (UPL) in a state? Do software packages that draft language and assemble forms violate ethics rules? What supervisory and training obligations do lawyers have for non-lawyer staff using these tools? Are there ethics concerns of using AI in discovery? Must lawyers warn clients that they use AI?   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/13/2020
    Presented
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Lawyer Ethics in Real Estate Practice

$65.00

The real estate industry is fiercely competitive as developers and contractors, investors and lenders, brokers and others – often with the aid of legal counsel – seek advantage. This can easily present real estate lawyers with ethical dilemmas. Conflicts of interest are rife. There are issues of communicating and negotiating with unrepresented parties. There are also issues of taking an equity stake in a real estate venture in lieu of fees.  Sometimes, too, there is the discovery that a client is engaged in wrongdoing. These and many other ethical issues arise in real estate practice.  This program will provide you with a real world guide to common ethics issues in real estate practice. Joint representations of a business entity and its owners in a real estate transaction Representation of a client with adverse interests in unrelated transactions Receipt of deal equity in exchange for legal services Communications with unrepresented parties – and with represented parties Inadvertent disclosure of confidential deal terms Special issues when client wrongdoing is discovered   Speakers:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/29/2020
    Presented
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LIVE REPLAY: 2020 Ethics Update Part 1

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attorney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.  Day 1: Ethics portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 5/18/2020
    Presented
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LIVE REPLAY: 2020 Ethics Update Part 2

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attorney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice. Day 1: Ethics portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2:  Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 5/19/2020
    Presented
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Drafting Waivers of Conflicts of Interest

$65.00

A bedrock principle of lawyer ethics is that lawyers owe their clients loyalty, free of conflicts of interest, unless those conflicts are waived by a client in writing. Clients are entitled to zealous representation without the lawyer being conflicted by other representations. When a conflict arises, the lawyer is required to decline the representation, unless the conflict is explicitly waived by the client.  But waivers are not always easily accomplished.  They must be carefully drafted, particularly when it purports to be of an anticipated conflict, not an existing conflict. This program will provide you with a practical guide to the rules governing conflict waivers, types of waivers, and drafting tips.  Key provisions of waivers and ensuring there is “informed” consent Advance waivers – drafting waivers for anticipated conflicts Types of advance waivers – stating subject area, adverse parties, neither or both Sources of rules and practical guidance on drafting waivers Common mistakes made in drafting waivers Consequences of ineffective waivers   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 5/21/2020
    Presented
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Lawyer Ethics and Email

$65.00

Law practice without email is difficult to imagine.  Clients and courts not only use it but expect lawyers to use it for communications. But email comes with a host of substantial ethical issues.  Is email secure?  Can it be used to – even inadvertently – create an attorney-client relationship? How does email impact the attorney-client privilege?  What about email conversations with a represented adversary?  How can confidentiality and other ethical duties be satisfied when law firms almost always work with outside vendors to provide email?  These and other substantial ethical questions will be discussed in this practical guide to the ethical issues when lawyers use email in their practices. Beginning an attorney relationship via email – intentionally and inadvertently Effect on attorney-client privilege when using a vendor for email Discarding/deleting email and working with outside vendors Ex parte communications with represented adversaries Corporate counsel issues – in-house creation of documents, legal v. business advice Inadvertently sent email and metadata embedded in email   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 6/17/2020
    Presented
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The Ethics of Bad Facts and Bad Law

$65.00

  Every representation involves “bad” facts and/or “bad” law – facts and law that run counter to a client’s objectives.  Ethical tensions and issues arise when a lawyer has todisclose bad facts or law to a court or administrative panel, or even to an adversary. At what point does the lawyer’s duty as a member of the bar and officer of the court require disclosure even when it is adverse to a client’s interest whom the lawyer must zealously represent?  What are the limits to how a lawyer may represent an adverse fact or adverse law, even unpublished law, to an adversary?  Answering these difficulty questions may not only impact the outcome of a representation but potentially expose ethical sanction.  This program will provide you with a practical guide to the ethical issues surrounding bad facts and bad law in client representations. Lawyer ethical duties to disclose bad facts and bad law Ethical issues surrounding the representation of adverse facts to tribunals and adversaries Duties to disclose adverse legal precedent to courts and administrative panels When is a lawyer required to disclose bad fact or law versus when they may disclose? Timing issues – at what stage should adverse facts and law be disclosed? Related issues of confidentiality and the attorney-client privilege Ex parte communications with the courts – what’s ethically permissible, what’s not?   Speakers:    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 6/23/2020
    Presented
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LIVE REPLAY: 2020 Ethics Update Part 1

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attorney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.  Day 1: Ethics portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/23/2020
    Presented
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LIVE REPLAY: 2020 Ethics Update Part 2

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attorney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice. Day 1: Ethics portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2:  Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/24/2020
    Presented
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Course1

Lawyer Ethics and Disputes with Clients

$65.00

Ethical tensions are perhaps never as great as when a lawyer is in dispute with a client. The dispute may arise over fees, communication, perceived conflicts of interest, or something else.  In these and other circumstances, the lawyer’s duties of loyalty, zealous representation and confidentiality are all brought into direct conflict with the lawyer’s interest in self-defense. In these extremely delicate circumstances, the lawyer must determine what information may disclosed in his or her self-defense, its impact on the attorney-client privilege, and what steps he or she can take to de-escalate the conflict.  This program will provide you with a real-world guide to the ethical issues for a lawyer when he or she is in conflict with a client. Disputes involving lawyers’ fees, communications, unfavorable result of representation, conflicts of interest, malpractice claims Confidentiality and self-defense – what disclosure of confidences is permissible?   Waivers and engagement letters to prevent dispute – or mitigate their damage Permissible and mandatory withdrawals from a representation Special attorney-client privilege issues in these disputes   Speakers:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/28/2020
    Presented
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Course1

LIVE REPLAY: Drafting Waivers of Conflicts of Interest

$65.00

A bedrock principle of lawyer ethics is that lawyers owe their clients loyalty, free of conflicts of interest, unless those conflicts are waived by a client in writing. Clients are entitled to zealous representation without the lawyer being conflicted by other representations. When a conflict arises, the lawyer is required to decline the representation, unless the conflict is explicitly waived by the client.  But waivers are not always easily accomplished.  They must be carefully drafted, particularly when it purports to be of an anticipated conflict, not an existing conflict. This program will provide you with a practical guide to the rules governing conflict waivers, types of waivers, and drafting tips.  Key provisions of waivers and ensuring there is “informed” consent Advance waivers – drafting waivers for anticipated conflicts Types of advance waivers – stating subject area, adverse parties, neither or both Sources of rules and practical guidance on drafting waivers Common mistakes made in drafting waivers Consequences of ineffective waivers   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/6/2020
    Presented
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Course1

LIVE REPLAY: Lawyer Ethics in Real Estate Practice

$65.00

The real estate industry is fiercely competitive as developers and contractors, investors and lenders, brokers and others – often with the aid of legal counsel – seek advantage. This can easily present real estate lawyers with ethical dilemmas. Conflicts of interest are rife. There are issues of communicating and negotiating with unrepresented parties. There are also issues of taking an equity stake in a real estate venture in lieu of fees.  Sometimes, too, there is the discovery that a client is engaged in wrongdoing. These and many other ethical issues arise in real estate practice.  This program will provide you with a real world guide to common ethics issues in real estate practice. Joint representations of a business entity and its owners in a real estate transaction Representation of a client with adverse interests in unrelated transactions Receipt of deal equity in exchange for legal services Communications with unrepresented parties – and with represented parties Inadvertent disclosure of confidential deal terms Special issues when client wrongdoing is discovered   Speakers:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/13/2020
    Presented
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