Ethically Representing Clients With Adverse Interests: Assessing What Needs To Be Disclosed, How and When Legal Adverseness Requires Action
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will guide both litigators and transactional attorneys in distinguishing between a prohibited representation that is directly adverse to concurrent, joint or former clients, disclosures, waivers and a permitted representation. The program will review scenarios where conflicts are relatively straightforward but focus on those situations where determining the existence of a material adverse interest is difficult. The panel will also discuss the propriety--and effectiveness--of attempting to navigate, create or reconcile "direct adverse interests" through disclosure, consent and/or adequate waivers, and when that might not be possible.
Outline
- Relevant rules and how to identify a conflict
- Potential conflicts of interest rules and conflict resolution
- Lateral moves
- Potential adversity with concurrent, joint or former clients, and what disclosures and potential waivers need to sought
- Potential personal conflicts of interest
- Over extensive outside counsel guidelines
- Hot potato rule
Benefits
The panel will discuss these and other key issues:
- How do you identify potential conflicts and navigate those?
- What are the requisite disclosures that need to be made when a conflict is identified?
- What potential conflicts can arise when representing concurrent or joint clients, and when do you have to advise joint clients those potential conflicts preclude further potential joint representation?
- When do an attorney's relationships create a potential conflict requiring disclosure to the client and informed consent?
- Is attacking a attorney’s prior work, or cross-examining a former client a material adverse representation?
- Can an attorney voice opposition or adversely advocate on a social or community issue that even partially relates to representation of a former client?
- Can or should an attorney represent a client with whom the attorney disagrees on a public issue? Can a lawyer advocate a position in one case contrary to the one advocated previously?
Faculty
Geri S. Krauss
Managing Member
Krauss PLLC
Ms. Krauss is a respected litigator and recognized expert on complex issues relating to professional partnerships.... | Read More
Ms. Krauss is a respected litigator and recognized expert on complex issues relating to professional partnerships. She counsels lawyers in disputes involving partners, employees and their firms, as well as negotiates and litigates such disputes. She often speaks and authors on lateral hiring and wrote Partner Departures and Lateral Moves: A Legal and Ethical Guide (ABA 2009).
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David Lefkowitz
Principal
The Lefkowitz Firm LLC
Mr. Lefkowitz represents individuals and companies (corporations, LLCs, PCs, etc.) in their claims for legal... | Read More
Mr. Lefkowitz represents individuals and companies (corporations, LLCs, PCs, etc.) in their claims for legal malpractice (legal negligence) and similar claims such as breach of fiduciary duty; trustee misconduct; executor misconduct and ethical misconduct by attorneys and other fiduciaries. He also represents attorneys and law firms with regard to risk management, law firm dissolutions and attorney’s fee disputes.
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Port J. Parker
CEO/Managing Partner
Parker Taylor Law Group APC
Mr. Parker has more than 25 years of experience in innumerable areas of law. He specializes in complex civil, tort, and... | Read More
Mr. Parker has more than 25 years of experience in innumerable areas of law. He specializes in complex civil, tort, and probate litigation, with an emphasis on matters involving trusts and estates, corporate, professional malpractice, and breach of fiduciary duty (including legal, accountancy, trustee, and real estate). Mr. Parker has also successfully litigated cases involving franchise, partnership, insurance, business and property disputes, as well as employment and securities-related matters.
CloseEarly Discount (through 04/04/25)