Attorneys and Conflicts with Their Clients, Part 1 and Part 2
November 2013
Attorneys and Conflicts with Their Clients, Part 1 and Part 2
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Program Description:
Conflicts between lawyers and their clients arise in a wide range of circumstances, not only in traditional conflicts analysis. Transactional lawyers may have an opportunity to join in a lucrative business venture of a client. Litigators may have differences of opinion with a client about how or when to settle a case. Estate planners may be offered gifts in the form a bequest from a client. Any of them may sit on a board of directors of a profit-making or a nonprofit organization which puts the lawyer in the uncomfortable position of conflicting loyalties or soliciting funds, respectively. In these and many other ways, conflicts arise between lawyers and their clients, potentially causing ethical violation and liability. This program will provide you with a practical guide to how ethics rules apply in a wide range of circumstances in which lawyers have conflicts with their clients.
Day 1 - November 21, 2013:
- Doing business with clients - business partner v. legal adviser
- Gifts from clients to lawyers - accepting bequests, soliciting charitable donations, and disqualification
- Conflicts arising from personal relationships between attorneys and their clients
- Lawyers sitting on boards of directors - fiduciary duties and conflicts
- Law firms, lawyers and non-competition agreements
Day 2 - November 22, 2013:
- Lawyers testifying as witnesses - conflicts and the attorney-client privilege
- Settlement of litigation - attorney and client decisions and conflicts
- Duty to disclose malpractice and settlement of disputes with clients
- Duties to former clients, including ownership of files and disputes when clients won't pay your fees
- Working with clients with diminished capacity and decision-making authority
Faculty:
Sue C. Friedberg is a partner in the Pittsburg office of Buchanan, Ingersoll & Rooney, PC. She is associate general counsel of the firm and responsible for guiding its attorneys in meeting the standards of ethical law practice. She supervises the firm's conflicts of interest review process and new business intake functions, and provides counsel for the firm as a business entity. Earlier in her career, she focused on corporate finance, securities law, and general business transactions. Ms. Friedberg earned her B.S., magna cum laude, from Georgetown University and her J.D., cum laude, from the University of Pittsburg School of law.
William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management. He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years. He is chair of the Editorial Board of the ABA/BNA Lawyers' Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility. He maintains the Web site "Freivogel on Conflicts" at www.freivogelonconflicts.com. Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.
Registration Fees
| Non Member | $129.00 |
| CBA | $109.00 |
- General Credits: 2.00
- Ethics Credits: 2.00
- EDI Credits:
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