Legal Ethics: Identifying and Resolving Conflicts of Interest
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, Colin J. Folawn and Christopher H. Howard
- IDENTIFYING AND RESOLVING CONFLICTS OF INTEREST – CASE STUDIES
9:15 - 10:15, Colin J. Folawn and Christopher H. Howard
- Prospective Client Conflicts
- Identifying a Prospective Client
- Limitations Created by Prospective Clients
- Safe Harbors/Remedies
- Conflicts with Current Client
- Conflicts with Former Client
- Conflicts with Current Client in Unrelated Matters
- Multiple Representation on the Same Matter or Substantially Related Matter
- Third-Party Conflicts
- Referral Conflicts
- Conflict of Client with Attorney's Relative
- Prohibited Transactions
- Personal Relationships with Clients – Current and Prospective
- Business Dealings with Clients
- Are the Cases “Substantially Related?”
- Tips for Quick and Thorough Conflict Checks
- IMPUTATION OF CONFLICTS
10:30 - 11:00, Colin J. Folawn and Christopher H. Howard
- General Rule
- Exceptions to Imputed Disqualification
- Intra-firm Conflicts (your client vs. client of another attorney in your firm)
- When a Lawyer Changes Firms
- Ethical Wall
- Non-Lawyer Conflicts
- DISCLOSING CONFLICT – ETHICAL AND EFFECTIVE CLIENT COMMUNICATIONS
11:00 - 11:30, Colin J. Folawn and Christopher H. Howard
- Disclosure Requirements
- Obtaining Informed Consent to Waiving a Conflict
- Documenting Disclosure and informed Consent to Conflict Waivers
- WITHDRAWING REPRESENTATION
11:30 - 12:00, Colin J. Folawn and Christopher H. Howard
- Communicating Your Withdrawal to Clients
- Ethical Referrals
- Can You Get Paid for the Work You've Done on the Case before Conflict Arose?