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Programs in Ethics & Professionalism



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How Women Lawyers Can Help to Eliminate Bias, Improve Diversity and Inclusion, and Advance their Legal Careers Despite the Presence of Gender Bias

Program Number: 2834 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner at Nixon Peabody LLP, discuss the nature and extent of the achievement disparity between female and male lawyers, and why and how gender stereotypes and the biases that flow from them cause this disparity by preventing women from advancing in their legal careers as far and as fast as men. They then provide women with specific insights and communication techniques they can use to avoid or overcome these often subtle and unconscious gender biases. The program includes a discussion of the relevance of ABA’s Model Rule 8.4(g) and ABA Resolution 302.

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Mental Health, Substance Abuse and Stress in the Legal Profession: Addressing the Toxicity that Puts Lawyers at Risk

Program Number: 2830 Presenter: Joan Bibelhausen, JD

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Recent research confirms the high incidence of mental health, stress and substance abuse issues in the legal profession, and the culture of the profession is often identified as a culprit. As a response, the National Task Force on Lawyer Well-Being released The Path to Lawyer Well-Being: Practical Recommendations for Positive Change. According to the Task Force, “We are at a crossroads. To maintain public confidence in the profession, to meet the need for innovation in how we deliver legal services, to increase access to justice, and to reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues, we have to act now.” Every lawyer is at risk for mental health and substance abuse issues and every lawyer can help

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Ethical Issues in Mediation: Practice Pointers for Counsel and Mediators

Program Number: 2824 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** For most lawyers involved in dispute resolution (and many practicing in other areas of the law), mediation is an inevitable aspect of professional experience. Mediation, however, involves roles and relationships that can vary greatly from “standard” elements of practice, and presents new ethical challenges for counsel. This program addresses fundamental ethics issues in mediation, and suggests practical solutions to the challenges presented by this unique environment. Model Rules discussed include: Rule 1.1: Competent representation Rule 1.12: Conflicts involving mediators Rule 2.1: Informing clients about mediation Rule 2.4: The role of the mediator Rule 4.1: Duty of truthfulness Rule 8.3: Reports of disciplinary violations Ethics opinions discussed include: ABA Opinion 06-439 ABA Settlement Guidelines (2002) In re RDM Sports, 277 BR 415 (Bankr. N.D. Ga. 2002) In re Waller, 573 A.2d 780 (D.C. 1990)

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What Male Lawyers Can Do to Eliminate Gender Bias and Inappropriate Sexual Conduct in the #MeToo and #TimesUp Era

Program Number: 2815 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner at Nixon Peabody LLP, discuss how male lawyers can eliminate gender discrimination and increase gender diversity in the legal profession. Topics include: discussion of the lack of diversity at senior levels in the legal profession and its gender achievement gap; identification of the biases and stereotypes that cause the gender achievement gap and the culture it fosters that can lead to actual and potential sexual harassment and misconduct; a review of the ABA Mission Statement, ABA Model Rule 8.4(g), and Resolution 302 of the ABA House of Delegates (February 2018); and suggested practical, effective steps men and the legal organizations they control can take to increase diversity and avoid inappropriate sexual conduct in the #MeToo and #TimesUp era.

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Confidentiality, Privilege and other Ethics Issues after the Merger: What to Do When You're in Post-Acquisition Dispute Litigation

Program Number: 2809 Presenter: Jasmine Coo, Michael Thompson, Esq.

Mergers, acquisitions, and asset sales raise a number of ethical issues, including who controls the confidentiality and privilege after the deal closes. These questions become that much more important when the buyer and seller are embroiled in litigation after the deal, at which time shared confidentiality and privileges and use of such information as evidence can pose complicated and expensive challenges for all parties involved. On top of these considerations, lawyers must abide by additional rules concerning, e.g., loyalty to clients. In this program, Michael Thompson and Jasmine Coo review the legal and ethical authorities concerning attorneys’ confidentiality, privilege and other ethical obligations (including ABA Model Rules 1.6 (Confidentiality of Information), 1.9 (Duties to Former Clients), 2.1 (Advisor), 3.7 (Lawyer as Witness) and ABA Informal Op. 857 (Attorney as Witness); discuss such issues as they arise in post-acquisition litigation; and what you can do both before the closing and afterward to address them.

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Negotiation And Settlement Of Disputes: Ethical Issues for All Attorneys

Program Number: 2807 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Ethics issues abound in the negotiation and settlement of disputes, and can lead to the undoing of agreements, disciplinary charges and even claims of malpractice. In this program for all attorneys, Steve Bennett addresses practical issues in negotiation and settlement, such as the basic question: “who is the client?”, questions of “puffery” in negotiation, bad faith, threats, and other questionable behaviors, and the ethical issues that arise therefrom. Model Rules discussed include: Rule 1.2: Duty of consultation Rule 1.4: Duty to keep client informed Rule 4.1: False statements Rule 8.4: Dishonesty Ethics opinions discussed include: ABA Opinion 06-329 ABCNY Formal Op. 2017-3 Florida Bar v. Rodriguez, 959 So.2d 150 (Fla. 2007) In re J.T. Thorpe, Inc. (Mandelbrot v. J.T. Thorpe Settlement Trust), No. 15-56430 (9th Cir. 2017)

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Ethical Conundrums in Cross-Border Corporate Investigations

Program Number: 2806 Presenter: Robert J. Anello, Esq., Benjamin S. Fischer, Esq., Kostya Lantsman, Esq.

In the ever-expanding field of corporate investigations, some of the thorniest issues arise not only at home, but also abroad. Partners Robert J. Anello and Benjamin S. Fischer and associate Kostya Lantsman of New York litigation boutique and white collar law firm, Morvillo Abramowitz Grand Iason & Anello P.C., discuss recent developments in cross-border corporate investigations and the ethical conundrums posed to in-house and outside counsel. Topics covered include the limits of prosecutors’ ability to rely on foreign compelled testimony, the limits for electronic surveillance and searches in the U.S. and abroad, and the complexities presented by the differences in recognition of the corporate attorney-client privilege particularly as it relates to in-house counsel across various jurisdictions. ABA Model Rules and other ethical authorities related to these issues and covered in the program include: Rule 1.1 Competence; Rule 1.7 Conflict Of Interest: Current Clients; Rule 1.13 Organization As Client; Rule 2.1 Advisor; Rule 4.1 Truthfulness

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Confidentiality and Privilege: Ethics for In-House and Deal Lawyers

Program Number: 2803 Presenter: Jasmine Coo, Michael Thompson, Esq.

Confidentiality and other ethical obligations, as well as the attorney-client privilege and other privileges, are a part of everyday life for a litigator. Transactional and in-house attorneys, however, often advise their clients on business and legal matters. As a result, it can be difficult to know which communications and documents are confidential, privileged and/or subject to other ethical considerations. In this program, litigators Michael Thompson and Jasmine Coo review key legal and ethical authorities governing confidentiality, privilege, and other ethical obligations (including ABA Model Rules 1.6 (Confidentiality of Information), 2.1 (Advisor), and 5.1 – 5.3 (Responsibilities of a Partner or Supervisory Lawyer, Responsibilities of a Subordinate Lawyer; Responsibilities Regarding Nonlawyer Assistance), and ABA Formal Ethics Opinions 95-390 (Conflicts of Interest in the Corporate Family Context), and 98-410 (Lawyer Serving as Direct of Client Corporation) with a focus on the many hats that in-house and transactional lawyers wear; give you the tools to decipher what

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Ending the Discriminatory Consequences of Age Bias in the Legal Profession

Program Number: 2802 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

In this timely and important program, Andrea S. Kramer and Alton B. Harris explain the nature and operation of age stereotypes, those about both younger and older lawyers, which result in discriminatory biases against persons at both ends of the age spectrum. They convincingly explain why it is so important for legal organizations to combat age discrimination and then present a series of effective, practical practices, policies, and techniques that legal organizations can use to eliminate age bias and improve generational harmony. They also review the Age Discrimination in Employment Act of 1967, the status of litigation under this Act, and the likely impact of ABA Model Rule 8.4(g) on age discrimination. Topics include: the nature and operation of age stereotypes and the biases that flow from them; how these age biases limit career opportunities for both older and younger lawyers; recognizing how gender stereotypes interact with age stereotypes to particularly

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Ethical Considerations for Lawyers Involved in Estate Planning and Asset Protection

Program Number: 2746 Presenter: Edward D. Brown, Esq., GreenspoonMarder, PA, Carl G. Stevens

Attorneys who assist clients with their asset protection and estate planning needs must be careful to comply with what is ethical to avoid facing potential ethics complaints, not to mention possible criminal liability. Join Edward D. Brown, Esq. and Carl G. Stevens, Esq. for this detailed analysis of potential ethical issues in the asset protection and estate planning contexts, including: when is asset protection planning ethical and when does it cross the line into the unethical; properly screening the client; identifying voidable transactions; when can the attorney be targeted as a co-conspirator with a client engaging in fraudulent transfers; can the attorney be liable for not advising the client as to the full range of asset protection strategies; and who is the client. Specific attention is placed on the ABA Model Rules of Professional Conduct that include Rule 1.2(d) (fraudulent conduct), Rule 1.3 (the diligent representation of the client), Rule 1.6 (the

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