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Programs in Ethics & Professionalism



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Ethics and Cybersecurity: A Lawyer’s Professional Obligations under New ABA Formal Opinion 477R, Opinion 99-413, and the ABA Model Rules

Program Number: 2739 Presenter: David A. Zetoony, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** In addition to complying with data security statutes and regulations, lawyers must comply with ethical obligations under the rules of professional conduct to protect their clients’ privacy and security. In this program, David Zetoony covers the attorney’s ethical considerations including requirements under ABA Model Rule 1.1, Model Rule 1.6(c), new ABA Formal Opinion 477R, Securing Communication of Protected Client Information, and its previous ABA Formal Opinion 99-413, Protecting the Confidentiality of Unencrypted E-Mail (1999).

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Representing the Difficult Client: Ethical Considerations for All Attorneys

Program Number: 2732 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 **** In this important program for all lawyers, Steve Bennett tackles the thorny issue of difficult clients, and covers the ethical considerations for dealing with them. Topics covered include: identifying the difficult client; managing expectations; withdrawal methods; and risk management techniques. ABA Model Rules addressed include: 1.1 (competence); 1.6 (preserving confidentiality); 1.14 (client with diminished capacity); 1.16 (withdrawal from representation); 5.1 (responsibility of supervising lawyers); 5.4 (professional judgment); 6.1 (pro bono service) Opinions discussed include In re Gonzalez, 773 A.2d 1026 (D.C. 2001); In re Shipley, No. D-2827 (S. Ct. 2014).

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Representing the Client under the Common Interest or Joint Defense Privilege: How Attorneys Should Meet their Ethical Obligations

Program Number: 2731 Presenter: Evan P. Singer, Esq., Arielle S. Tobin, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The common interest privilege, also known as the joint defense privilege, the allied litigant doctrine, the pooled information privilege, and others, generally allows “persons who have common interests to coordinate their positions without destroying the privileged status of their communications with their lawyers.” Restatement (Third) of the Law Governing Lawyers § 76 cmt. b. In this program, Jones Day partner Evan P. Singer and associate Arielle Tobin: (1) discuss the source and history of the common interest privilege, (2) define the elements required to establish the privilege; and (3) address the ethical issues confronting attorneys, including maintaining the confidentiality of client communications, avoidance of conflicts and not acting adversely to the client’s interest. ABA Model Rules covered include 1.6, 1.7(b)(4), and 1.13. Ethics opinions covered include District of Columbia Ethics Opinion 349 and ABA Opinion 95

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Ethics Developments in IP Practice-2017

Program Number: 2727IP Presenter: Anthony F. Lo Cicero, Esq.

Anthony Lo Cicero of Amster, Rothstein & Ebenstein, LLP, discusses recent developments in the law of ethics as it applies to intellectual property, including such subjects as formation and termination of the client relationship, under, e.g. ABA Rules 1.16, 1.18; duties owed to current and former clients under Rules 1.7-1.9; the bases for disqualification and the ever-challenging issue of subject matter conflicts, including developments after the decision in Maling v. Finnegan Henderson, 473 Mass. 336 (2015).

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Mental Health, Competence, Substance Abuse and Addiction in the Legal Profession: A Focus on Gender Distinctions

Program Number: 2726 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 **** Studies show that lawyers are at greater risk for alcohol use disorders, depression, other mental illness and stress than members of other professions or the general population. Women and men attorneys differ in the ways and reasons that these problems develop, their symptoms, their willingness to get help and the types of treatment that are most effective. Stigma is a particular issue for women. Learn about these gender differences and how to recognize problems, reach out to offer help and the resources that are available for men and women in the legal profession.

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Positive Steps to Increase Gender Diversity and Eliminate Bias in the Legal Profession

Program Number: 2721 Presenter: Alton (Al) B. Harris, Esq., 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 **** In this lively and thought-provoking program, Andrea S. Kramer and Alton B. Harris discuss how implicit gender bias can prevent legal organizations (such as corporate legal departments and law firms) from achieving their desired diversity goals and surprisingly, their economic goals. Using the ABA's Professional Responsibility Model Rule 8.4(g) and state bar professional responsibility rules as a skeletal structure, the presenters discuss how gender stereotypes and implicit biases hold legal organizations back from achieving necessary gender diversity and inclusion, and reduce career opportunities and advancement progress for women attorneys. They also focus on how people can avoid or overcome the discriminatory negative effects of gender bias, such as in the career-sensitive decisions (hiring, assignments, evaluations, compensation, and promotion policies) that are most often affected by implicit biases. Finally,

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Ethics Considerations for Lawyers regarding Technology and Trial

Program Number: 2710 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Steve Bennett covers the ethical issues that arise when attorneys use technology at trial. Topics include: privilege protection; e-discovery; contact with jurors; and comments on trial proceedings. ABA Model Rules covered include: Model Rule 1.1: competent representation; 5.1: Responsibilities of Supervisory Lawyer; 5.2: Responsibilities of Subordinate Lawyer; 5.3: Responsibilities of Non-Lawyer; and 1.6: Lawyer shall not reveal “information relating to the representation of a client,” without “informed consent” of client. Opinions covered include: ABCNY Committee On Professional Ethics, Formal Op. 2012—2, Jury research.

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Ethics in Arbitration: How Lawyers Can Avoid Legal Risks when Representing their Clients

Program Number: 2709 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

This program addresses some of the unique ethical questions that can arise in the course of an arbitration proceeding, and suggests practical solutions to such questions. Such questions include: Can an attorney be held responsible for ethical violations in arbitration (or is the consequence only to the client)? Can an attorney appear in an arbitration proceeding in a state (or country) where he or she is not licensed to practice? What are the ethical obligations of counsel to maintain the confidentiality of the arbitration proceeding? ABA Model Rules covered include: Rule 1.6 (confidentiality); Rule 3.3 (candor toward tribunal); Rule 5.5 (unauthorized practice of law). Opinions covered include: Birbrower, Montalbano, Condon & Frank, P.C., v. Superior Court , 17 Cal. 4th 119 (1998); New York State Bar Association Committee on Professional Ethics, Opinion 837 (3/16/10).

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Lawyer Use of Social Media: Latest Developments in Ethics Guidelines and Practical Advice

Program Number: 2649 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Steve Bennett, Park Jensen Bennett LLP, covers the latest ethical issues and authorities in a lawyer’s use of social media, including: advertising/endorsements; unauthorized practice of law; client/witness contacts via social media; and discovery of social media. Ethics authorities covered include ABA Model Rules 1.1 (competence); 1.8 (conflicts); 5.5 (jurisdiction limits); 7.3 (solicitation); and 7.4 (specialization), as well as Social Media Guidelines of NYSBA Commercial and Federal Litigation Section (2015).

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Retainer Agreements: Ethics and Practical Advice

Program Number: 2648 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

The retainer (engagement) agreement is one of the most important documents used in a lawyer’s practice. The concept of a retainer agreement is simple, but the form and content of a well-constructed retainer agreement can mean the difference between a satisfied client and disciplinary committee referrals, and even claims of malpractice. This program addresses critical “do’s and don’ts” of retainer agreements, referencing Model Rules and other ethics guidelines, and suggesting practical solutions to common problems. Issues addressed include: • Who is the client? • What is the scope of representation? • What is the fee arrangement? • What about conflicts of interest? • What are “risky” provisions to include in an agreement? Model Rules covered include: Rule 1.1 (competence); 1.2 (scope of representation); 1.5 (fees); 1.8 (conflicts of interest). Other authorities include: ABA Ethics Opinion 93- 379 (billing); In Re Addams, 579 A.2d 190 (DC 1990) (misappropriation).

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