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Programs in Ethics & Professionalism



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Ethics Traps for the Unwary: What Are Your Obligations When Bar Counsel Calls? (May 15, 2019)

Program Number: 2979 Presenter: Craig S. Brodsky, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Attorneys under investigation by Bar Counsel and attorneys responding to Attorney Grievance Commission complaints are often unaware of the traps they may face. Because it is natural to question why Bar Counsel may be investigating a particular complaint, attorneys can be frustrated by the scope of the inquiry. Bar Counsel is charged with the duty to investigate all complaints that it may receive, and Model Rule of Professional Conduct 8.1 places a duty on all attorneys to comply with the investigation. Failing to cooperate with the investigation or providing incomplete or inaccurate responses to Bar Counsel can create a host of problems for the responding lawyer which can easily be avoided.

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Improving Women's Working Relationships With Other Women in the Legal Profession (June 11, 2019)

Program Number: 2962 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 Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Andie Kramer, partner in an international law firm, and Alton B. Harris, partner (retired) at Nixon Peabody LLP, discuss the complicated dynamics of women’s working relationships with other women. Women, men, and organizations often believe that there is something problematic, even dysfunctional, about these relationships. While men’s working relationships with other men are seen as the baseline for healthy same-sex business relationships, women’s relationships with other women are often seen as disruptive to their organizations and hurtful to their career advancement. Andie and Al identify and review the underlying reasons for real or perceived women-to-women conflict at work and provide pragmatic advice on how to overcome and avoid

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Making Real Progress Towards Diversity and Inclusion in the Legal Profession (May 14, 2019)

Program Number: 2961 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 Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner (retired) at Nixon Peabody LLP, discuss the nature and extent of the achievement disparity between female and other minority lawyers and white male lawyers. They also review why and how stereotypes and the biases that flow from them cause this disparity by preventing women and minorities from advancing in their legal careers as far and as fast as men. They then provide women, men, and organizations with specific insights and communication techniques they can use to avoid or overcome these often subtle and unconscious biases. The program includes a discussion of the relevance of ABA’s Model Rule 8.4(g)

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Ethics-Attorney Client Privilege for In-House Counsel

Program Number: 2948 Presenter: Carole Buckner, Esq.

The program will cover important considerations regarding the duty of confidentiality, the attorney client privilege and work product doctrine, from the perspective of the in-house lawyer, including operating in dual roles involving both business and legal advice. We will also touch upon privilege in international communications and differences in privilege and confidentiality between states, and between state and federal jurisdictions. Finally, we will address email practices in light of the above.

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Ethics and Cybersecurity: A Lawyer’s Professional Obligations Under the ABA Model Rules

Program Number: 2940 Presenter: David A. Zetoony, Esq.

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 483 on data breach notification, Formal Opinion 477R on communicating with clients through email.

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Substance Abuse and Addiction in the Legal Profession

Program Number: 2930 Presenter: Joan Bibelhausen, JD

Studies show that lawyers are at greater risk for alcohol and other substance use disorders, depression, other mental illness and stress than members of other professions or the general population. There is a clearly recognized continuum where unresolved chronic stress becomes a predictor for addiction and mental illness. By understanding lawyer stress, this continuum, and the facts about addiction and mental illness, lawyers can reduce their risk and, hopefully, get help earlier when there is a problem. Signs, symptoms, risk factors and recovery regarding these problems will be presented. The discussion will include new initiatives and tools to reduce risk as well as information on lawyer assistance programs and other resources.

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Ethics and Employment Law: Who is the Client and is it you?

Program Number: 2919 Presenter: Patricia C. Collins, Esq.

This seminar will review the ethics issues that arise for employment attorneys in representing an organization. It is inevitable that such a representation will result in close working relationships with executives and human resource employees that complicate the attorney-client relationship. Further, close involvement with the operations of the client or a particular decision regarding an employee may render the attorney a fact witness or simply too close to give good advice. Topics to be examined are: negotiating employee contracts, drafting policies that impact your client contact, termination or resignation of your client contract, attorneys as fact witnesses, attorneys as investigators, and maintaining professional distance.

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Ethics in Review for IP In-House and Corporate Attorneys

Program Number: 2912 Presenter: Anthony F. Lo Cicero, Esq.

Ethics in Review for IP In-House and Corporate Attorneys - IP ethics issues don’t only arise in litigation. In- house and corporate attorneys must also be wary of conflict, disclosure, PTO compliance and other concerns. Anthony Lo Cicero of Amster, Rothstein & Ebenstein will discuss recent development in these areas.

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Ethics & Copyright Litigation: What the Practitioner Needs to Know

Program Number: 2911 Presenter: Raymond Dowd, Esq.

Ray Dowd, author of West’s acclaimed Copyright Litigation Handbook and a partner in Dunnington Bartholow & Miller LLP in New York City will take us through the ethical pitfalls facing legal practitioners tackling copyright litigation. Appropriate for inhouse counsel, and private practitioners both seasoned and novice. Professional responsibility issues arise early in copyright litigation. The disciplinary rules of each jurisdiction impose a duty of professional competence. The combination of Rule 11 of the Federal Rules of Civil Procedure requiring attorneys to investigate and warrant the viability of claims and defenses with the Copyright Act’s potential awards of attorneys fees as costs to the prevailing party, make the attorney litigating copyright claims a potential target throughout the litigation. In this age of sanctions being imposed on copyright trolls and overaggressive copyright enforcement, what are the ethical takeaways attorneys representing content owners and distributors? Is it a breach of ethics to send

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Ethical Considerations for Attorneys Involved in Estate Planning and Asset Protection

Program Number: 2908 Presenter: Andrew Bechel, Esq., Edward D. Brown, Esq., GreenspoonMarder, PA

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. 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 (g) who is the client. Specific attention will be 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 ethical duty of

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