Attorney Conflicts of Interest: Identifying and Resolving Ethical Pitfalls

Posted on March 22, 2011 by Barger & Wolen LLP

Strategies to Minimize the Risk of Ethics Violations and Malpractice Claims

Barger & Wolen partner David J. McMahon will be a faculty member for this Strafford Publications' CLE webinar which will provide attorneys with a framework to identify the most problematic and difficult-to-detect conflicts risks. The panel will outline best practices for attorneys to cope with conflicts that could potentially result in disqualification, discipline and malpractice.

Description

Conflicts of interest are one of the most common ethical dilemmas for attorneys. Whether the situation involves a personal conflict, a multi-client conflict, or a third-party conflict, practitioners must identity situations or transactions that pose potential conflicts of interest.

Conflict issues that arise when attorneys change firms are particularly relevant in the current environment. The ABA's Formal Opinion 09-455 addresses situations in which revealing a client’s identity and description of work performed may itself violate client confidence.

While many conflicts can be resolved with client consent, an effective waiver depends on the nature of the conflict, the timing of the waiver request, and whether the client is a current or former client. Conflicts can also be anticipated and addressed in engagement letters.

Listen as our authoritative panel of attorneys discusses how to identify potential conflicts issues and outlines best practices for avoiding or resolving those conflicts.

Outline

  1. Identifying sources for potential conflicts of interest
    1. Defining the client
    2. Defining the adversity that triggers conflict rules
    3. Adverse client conflict — direct adversity or adverse representation
    4. Joint representation — dual or concurrent representation
    5. Adversity to former clients
    6. Personal conflicts of interest
  2. Conflict resolution
    1. Withdrawal from representation
    2. Client consent
    3. Conflict waivers
    4. Engagement letters
    5. Law firm conflicts checks

Benefits

The panel will review these and other key questions:

  • What are some best practices for law firm conflict avoidance procedures?
  • Under what circumstances will a conflict prevent representation?
  • How can engagement letters effectively limit potential conflicts?
  • What critical language should be included in a conflicts waiver document?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Joining Mr. McMahon on the faculty are Brett A. Scher, Partner, Kaufman Dolowich Voluck & Gonzo, Woodbury, N.Y. and Thomas B. Mason, Partne, Zuckerman Spaeder, Washington, D.C.

The San Francisco Attorney Fee Dispute Program: "Attorney Fee Disputes in a Volatile and Uncertain Economy"

Posted on March 3, 2009 by Gary A. Bresee

Conference for the Council on Litigation Management on March 12th and 13th, 2009

Posted on March 2, 2009 by David J. McMahon

 

David McMahon and Jack Pierce are speaking at the Conference for the Council on
Litigation Management in Phoenix, Arizona on March 12 and 13, 2009.

We are pleased to announce that David McMahon and Jack Pierce will be speaking at the conference for the Council on Litigation Management in Phoenix, Arizona on March 12 and 13, 2009.

Mr. McMahon will be speaking on the topic of legal auditing during the conference. A typical goal of a litigation management audit is to ensure that the lawyers hired to conduct litigation and other legal activities do so in a goal-directed, efficient and cost effective manner. Mr. McMahon’s presentation will provide helpful tips for conducting a cost effective and thorough legal audit and will identify some new and creative approaches for legal auditing.

Jack Pierce will be speaking on the topic of billing guidelines and the history of the litigation surrounding the use of these tools at the conference. During the past 10 years mounting litigation fees and costs have led to the imposition of litigation cost management programs by carriers and other consumers of legal services. These programs utilize a wide range of tools calculated to reduce unreasonable fees and costs and the inefficient handling of litigation. One of the most effective tools is the use of billing guidelines. Mr. Pierce will provide useful tips on how to draft guidelines that are enforceable and which do not give rise to ethical problems and concerns. For further details, please visit the website for the Council on Litigation Management attached below.

  • www.litmgmt.org