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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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Overcoming and Eliminating Age Bias against both Younger and Older Lawyers, with a Discussion of ABA Model Rule 8.4(g)

Program Number: 2647 Presenter: Alton (Al) B. Harris, Esq., Andrea S. Kramer, Esq.

Join Andrea S. Kramer, partner in McDermott Will & Emery LLP, and Alton B. Harris, partner in Nixon Peabody LLP, for this important program about age bias in the legal profession. When lawyers understand the stereotypes surrounding younger lawyers (Millennial generation) and older lawyers (particularly women over 45), and the biases that result from these stereotypes, they are in a position to effectively combat age discrimination in their own legal organizations and improve generational harmony in the legal profession generally. In this program, our presenters address the new ABA Model Rule 8.4(g) expanded definition of “professional misconduct.” They provide lawyers with advice and techniques they can use to avoid or overcome the bias they may face as they enter the profession and as they grow older. Attendees will also get information and insights they can use to recognize the often subtle and unconscious biases that exist in the profession against both younger

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Substance Abuse, Mental Health and Competence Issues in the Legal Profession

Program Number: 2639 Presenter: Joan Bibelhausen, JD

Impairment in attorneys affects case outcomes, client relations, careers, families and lives. A recently published study details the incidence of problematic substance use, depression and other issues in American attorneys, and the numbers are striking. http://journals.lww.com/journaladdictionmedicine/Fulltext/2016/02000/The_Prevalence_of_Substance_Use_and_Other_Mental.8.aspx. This program provides information on these findings and helps you understand the predictors, warning signs and symptoms of these issues in yourself or others. Learn what role stress plays and the ethical concerns that can arise. Our presenter offers a protocol for encouraging someone to get help, describes the help that is available, through Lawyer Assistance Programs and others, discusses appropriate support in recovery and addresses ethical concerns for lawyers and their organizations.

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