Training Course
Syllabus:
Legal Ethics: Conflicts of Interest in Case Studies
Explore Real-Life Application of Conflict-of-Interest Rules
Few things are more frustrating than putting a bunch of work into a case just to find out that you have to drop it because of a conflict of interest. Don't let overlooked conflicts cost you a case or worse – a client. This engaging legal ethics course will walk you through a plethora of real-life and hypothetical scenarios to help you recognize and address conflicts of interest in any situation. Enhance your skills and fulfill your ethics requirements – register today!
- Comply with the state and model rules governing conflicts of interest.
- Review numerous common and unique conflict scenarios to help you spot one in your practice.
- Come away with sources of relevant case law to help in your conflict screening.
- Distinguish between personal and firm conflicts in various conflict circumstances.
- Review a sample consent/waiver and get tips for disclosing conflict without losing the client.
- Understand special limitations imposed on government attorneys in private practice.
- Get tips on ethically withdrawing representation.
- THE RULES: WHAT CONSTITUTES A CONFLICT OF INTEREST?
8:45 - 9:15, Written by Scott B. Piekarsky.
Presented by Scott B. Piekarsky in Newark and William C. Cagney and Peter A. Ouda in Princeton.
- IDENTIFYING AND RESOLVING CONFLICTS OF INTEREST – CASE STUDIES
9:15 - 9:45, Written by Scott B. Piekarsky.
Presented by Scott B. Piekarsky in Newark and William C. Cagney and Peter A. Ouda in Princeton.
- Prospective Client Conflicts
- Who/What is a Prospective Client
- Limitations Created by Prospective Clients
- Safe Harbors/Remedies
- Current Client Conflicts
- Former Client Conflicts
- Current Client in Unrelated Matters
- Multiple Representation on the Same Matter
- Third Party Conflicts
- Referral Conflicts
- Conflict of Client with Attorney's Relative
- Impermissible Transactions
- Personal Relationships with Clients – Current and Prospective
- Business Dealings with Clients
- Are the Cases “Substantially Related?”
- Tips for Streamlining Conflict Screens
- Sources of Relevant Rules and Case Law on Specific Conflicts
- SPECIAL CONFLICT RULES FOR GOVERNMENT ATTORNEYS GOING INTO PRIVATE PRACTICE
9:45 - 10:15, Written by Catherine M. Brown.
Presented by Catherine M. Brown in Newark and William C. Cagney and Peter A. Ouda in Princeton.
- Same Matter
- Prior Involvement in the Matter
- Prior Governmental Agency Doesn't Consent
- Special Rules for Government Attorneys with a Concurrent Private Practice
- IMPUTATION OF CONFLICTS
10:30 - 11:00, Written by Catherine M. Brown.
Presented by Catherine M. Brown in Newark and William C. Cagney and Peter A. Ouda in Princeton.
- General Rule
- Exceptions to Imputed Disqualification
- Intra-firm Conflicts (your client vs. client of another attorney in your firm)
- Personal vs. Firm Disqualification When a Lawyer Changes Firms
- Ethical Wall
- DISCLOSING CONFLICT – ETHICAL AND EFFECTIVE CLIENT COMMUNICATIONS
11:00 - 11:30, Written by Daniel R. Esposito.
Presented by Daniel R. Esposito in Newark and William C. Cagney and Peter A. Ouda in Princeton.
- Should/Must You Disclose?
- When Should You Disclose?
- How to Disclose without it Costing you a Client
- Documenting Disclosure and Consent
- Drafting and Obtaining Informed Consent/Waiver – Sample Document Review
- WITHDRAWING REPRESENTATION
11:30 - 12:00, Written by Daniel R. Esposito.
Presented by Daniel R. Esposito in Newark and William C. Cagney and Peter A. Ouda in Princeton.
- Communicating Your Withdrawal to Clients
- Ethical Referrals
- Can You Get Paid for the Work You've Done on the Case before Conflict Arose?
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