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.

1. 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.
2. 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.
   1. Prospective Client Conflicts
      1. Who/What is a Prospective Client
      2. Limitations Created by Prospective Clients
      3. Safe Harbors/Remedies
   2. Current Client Conflicts
   3. Former Client Conflicts
   4. Current Client in Unrelated Matters
   5. Multiple Representation on the Same Matter
   6. Third Party Conflicts
   7. Referral Conflicts
   8. Conflict of Client with Attorney's Relative
   9. Impermissible Transactions
      1. Personal Relationships with Clients – Current and Prospective
      2. Business Dealings with Clients
      3. Are the Cases “Substantially Related?”
   10. Tips for Streamlining Conflict Screens
   11. Sources of Relevant Rules and Case Law on Specific Conflicts
3. 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.
   1. Same Matter
   2. Prior Involvement in the Matter
   3. Prior Governmental Agency Doesn't Consent
   4. Special Rules for Government Attorneys with a Concurrent Private Practice
4. 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.
   1. General Rule
   2. Exceptions to Imputed Disqualification
   3. Intra-firm Conflicts (your client vs. client of another attorney in your firm)
   4. Personal vs. Firm Disqualification When a Lawyer Changes Firms
   5. Ethical Wall
5. 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.
   1. Should/Must You Disclose?
   2. When Should You Disclose?
   3. How to Disclose without it Costing you a Client
   4. Documenting Disclosure and Consent
   5. Drafting and Obtaining Informed Consent/Waiver – Sample Document Review
6. 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.
   1. Communicating Your Withdrawal to Clients
   2. Ethical Referrals
   3. Can You Get Paid for the Work You've Done on the Case before Conflict Arose?

Seminar Summary:

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. (see full course description)

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