Many malpractice cases filed against lawyers involve allegations of conflict of interest. As a matter of professional ethics, lawyers are prohibited from accepting (or continuing) representations where there is a conflict of interest.
This course will provide an overview of the conflict-of-interest rules, including discussion of Model Rules of Professional Conduct 1.7 and 1.9 and their New York counterparts. The course will then discuss the elements of malpractice claims and how they apply to allegations of ethical conflicts of interest, with a focus on defending against malpractice claims. Finally, we will discuss issues surrounding discovery of a firm’s conflicts clearing process and the internal discussions regarding potential conflicts, including best practices in a firm’s internal conflicts vetting process.
Learning Objectives:
• A firm grounding in the purpose and application of professional ethics rules regarding conflict of interest.
• A clear understanding of how allegations of conflict of interest can impact a claim for malpractice, as well as the limitations of such allegations in terms of stating a viable claim for malpractice.
• Analysis of the assertion of attorney-client privilege against the client-plaintiff with regard to discovery of the conflict clearing actions and discussions within the defendant law firm. This will also include a discussion of best practices in conducting internal conflict reviews generally.
Attorneys will receive a comparative analysis of GAAP and IFRS with emphasis on cross-border legal c...
In this course, Dr. Carlson will present a broad overview of what scientific research has discovered...
This presentation provides an overview of copyright law particularly as it applies to music. The pre...
Explore the transformative potential of generative AI in modern litigation. “Generative AI for...
The direct examination presentation outlines how attorneys can elicit truthful, credible testimony w...
This CLE program examines attorneys’ ethical duties in managing electronically stored informat...
Law firms across the country are rethinking traditional staffing models to stay competitive, reduce ...
This program focuses on overcoming the inner critic—the perfectionist, self?doubting voice tha...
Part 1 - This program focuses specifically on cross?examining expert witnesses, whose credentials an...
This companion program to Part 1 goes deeper into the rhetorical power of Shakespeare, emphasizing h...