Identify and Navigate Difficult Conflicts of Interest
While 'avoiding conflicts' sounds easy enough, putting the rules into practice is often exceedingly complex. Given the consequences at stake, counsel must take a proactive approach to spotting red flags and proceeding with care. Get strategies for detecting conflicts before it's too late. Learn which cases are off-limits and how to mitigate risk when pursuing permissible representations. Order today!
- Get best practices for checking conflicts among active and former clients.
- Learn how to apply the rules to hazy fact patterns involving imputed and intrafirm conflicts.
- Explore proper usage of ethical walls and confidentiality screens.
- Inform your practice with practical tips for obtaining consent and waivers.
- Navigate the sticky issues that arise when you must cut ties.
2:00 PM to 5:15 PM Eastern Standard Time
2:00 - 3:30 PM, Farnoosh Faryabi
- IDENTIFYING AND PREVENTING PROSPECTIVE CLIENT CONFLICTS
- Determining Who/What Your Prospective Client is
- When Does the Attorney-Client Relationship Begin?
- Preventing "Accidental" Clients
- Limitations Created by Prospective Clients
- Safe Harbors/Remedies
- When to Decline Representation
- IDENTIFYING AND RESOLVING CONFLICTS: CURRENT AND FORMER CLIENTS, MULTIPLE REPRESENTATION
- Spouses, Children, Other Family Members
- Member vs. Business
- Grantor, Beneficiary, Estate, Trust, Fiduciary
- Tripartite Relationship
- Former Client Conflicts (Rule 1.9)
- Current Client in Unrelated Matters
- Tips for Quick and Thorough Conflict Checks
- What Government Attorneys Need to Know and Do
- SPOTTING AND PREVENTING OTHER CONFLICTS OF INTEREST
- Third Party Conflicts
- Referral Conflicts
- Conflict of Client with Attorney's Relative
- Impermissible Transactions
- Imputed Conflicts
- Intrafirm Conflicts and Ethical Walls
3:45 - 5:15 PM, Steven R. Sorenson
- DETERMINING WHETHER THE CASES ARE "SUBSTANTIALLY RELATED": WHAT TO LOOK FOR
- INFORMED CONSENT AND WAIVERS: HOW TO OBTAIN THEM, HOW THEY PLAY OUT IN COURT
- When is Disclosure Needed?
- When to Obtain Consent and How to Document it
- Drafting Conflict Documents
- Enforceability of Consent and Waivers: What Courts Consider in Disqualification
- ENDING THE ATTORNEY-CLIENT RELATIONSHIP
- Communicating Your Withdrawal to Clients
- Ethical Referrals
- Can You Get Paid for the Work You've Done on the Case Before Conflict Arose?
This legal ethics guide is designed for attorneys. Paralegals may also benefit.