Ethics for In-House Attorneys - Solutions to Everyday Dilemmas
December 2010
Ethics for In-House Attorneys - Solutions to Everyday Dilemmas
QWEST and CENTURYLINK employees CLICK HERE to register.
This program is completely underwritten by Qwest Communications and 100% of the attendance fees will be contributed to the Colorado Legal Aid Society. The program is co-sponsored by Colorado Bar Association CLE and the Department of Business Ethics and Legal Studies at the University of Denver's Daniels College of Business
Program Highlights:
This program features Keynote Speaker Ben Heineman Jr., former General Counsel at General Electric, named one of "The 100 Most Influential Lawyers in America" by The National Law Journal, a Senior Fellow at Harvard University's John F. Kennedy School of Government, a Distinguished Senior Fellow at the Program on the Legal Profession at the Harvard Law School, a Senior Advisor to the Center for Strategic and International Studies and Senior Counsel at WilmerHale.
Topics focus on the ethics rules affecting in-house attorneys, such as:
- The organization as client (Rule 1.13 of the Colorado Rules of Professional Conduct)
- “Reporting up” requirements (Rule 8.3 and Sarbanes-Oxley Section 307)
- Allocation of authority between client and lawyer (Rules 1.2, 1.6 and 1.7)
- The lawyer's obligations to third parties and opponents (Rules 3.3, 4.1 and 4.2)
Interactive Participation:
Attendees will discuss fact patterns and, using their mobile devices, will be able to vote on questions and dilemmas presented throughout the program. Final vote tallies will be provided.
Agenda:
8:30 - 9:00 am
Registration; Meet and Greet
9:00 - 9:15 am
Introductory Remarks by Richard Baer, EVP, General Counsel and Chief Administrative Officer of Qwest
9:15 - 10:15 am
Multijurisdictional Issues and the Lawyer's Supervisory Responsibilities
In-house lawyers often run into issues related to practicing in foreign jurisdictions, scope of representation, and permissible vs. impermissible negotiation tactics (Rules 1.2, 4.1, 5.5, 8.3 and 8.4).
Examining the Attorney-Client Relationship
The organization is the in-house lawyer's client; however, certain
communications between an in-house lawyer and employees of the company
can create conflicts of interest (Rules 1.7, 1.13, 4.1, 4.2 and 8.4).
Presenters: Professor Stephen PepperUniversity of Denver College of Law, and David H. Miller, Associate General Counsel of Qwest
10:15 - 11:15 am
Requirements of Reporting Up I
There are situations where the ethics rules require an in-house lawyer to report his/her supervisor's behavior to a higher authority level, but the statutory obligations are not always clear about when reporting up is required (Rules 1.6 and 1.13, and Sarbanes-Oxley Section 307).
Requirements of Reporting Up II
Under Sarbanes-Oxley reporting up requirements, an in-house lawyer needs to determine who is a “covered attorney” and what is an “appropriate response” (Sarbanes-Oxley Section 307).
Presenters: Pamela R. Mackey, Member, Haddon, Morgan & Foreman, and Art Saltarelli, Associate General Counsel of Qwest
11:15 - 11:30 am
Break
11:30 am - 12:30 pm
Ethics and Discovery to Opposing Counsel
Opposing counsel's negligence can result in ethical dilemmas for an in-house lawyer in his/her representation of the client, including distinguishing between the requirement of candor toward the tribunal and taking advantage of an opponent's misunderstanding (Rules 3.3 and 4.1, and local discovery rules).
Potential Conflicts between Ethics and Morality
Ethics rules may permit behavior that an individual finds morally offensive. An in-house lawyer's response to such situations cannot violate the ethics rules (Rules 1.6 and 4.1).
Presenters: D. Rico Munn, Executive Director, Colorado Department of Higher Education, and Andy Crain, Vice President and Deputy General Counsel of Qwest
12:30 - 1:00 pm
Lunch
1:00 - 2:00 pm
Keynote Address
Presenter: Ben Heineman Jr.
2:00 pm
Adjourn
Video Replays: January 5, 2011
Denver: CLE Classroom, 1900 Grant Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100
Location Information
The Cable Center - University of Denver
2000 Buchtel Blvd
Denver, CO 80210-3445
Get directions
2000 Buchtel Blvd
Denver, CO 80210-3445
Registration Fees
| Non Member | $200.00 |
- General Credits: 5.00
- Ethics Credits: 5.00
- EDI Credits:
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