Basic Ethics Lessons for Newer Attorneys (8.5.10)
This program will explore issues of ethics and professional responsibility that commonly arise during a lawyer`s first few years of practice. Through a combination of real world examples and interactive hypothetical discussions, attendees will learn about pitfalls of confidentiality, conflicts, supervision, reporting obligations, and technological blunders. Attendees will also have an opportunity to weigh in on how they would handle several questions that fall well within a "gray area" demonstrating that for some ethics issues, the answer is not always clear, or the same.
Blogging, Friending & Tweeting: What Attorneys Should & Should Not Do (3.15.10)
This panel discussion will explore an issue at the forefront of the legal profession in the 21st century: how attorneys are to navigate the world of blogs and social networking sites. These internet tools, which are extremely useful ways to keep up with the latest developments in the law and the profession, and which provide for a vigorous and stimulating debate, can also be minefields for the unwitting attorney, whose conduct is governed by a host of ethics rules and regulations not applicable to other online users.
In recent months, attorneys have been reprimanded, fined, and otherwise sanctioned for comments they have made on blogs. On the grounds that they have breached their ethical obligations or attorney-client confidences, they have been penalized, for instance, for questioning the motives and competence of judges presiding over their cases, or for talking about cases they have worked on. The panel will explore what ethical issues an attorney should keep in mind when commenting on a blog, and how the rules of professional conduct, as well as rules pertaining to attorney advertising, might bear on what an attorney says about him or herself on such sites as Facebook or Twitter.
Crossing the Line: When Sharp Trial Practice Becomes Unethical (4.7.11)
An entertaining scenario will be acted out by panel members who will engage each other and the audience in a lively discussion of ethics and professionalism. Each segment will raise questions as to how far an attorney can push the envelope from a standpoint of acceptable practice while remaining within ethical boundaries. Attorneys of all levels of experience will find this program interesting and enlightening as ethical issues in the litigation context are explored.
Topics that will be addressed include preparation for and conduct of depositions, expert discovery, settlement and post-settlement matters. The panel will consist of a Supreme Court Judge, an attorney who regularly defends practitioners against disciplinary infractions, a law school professor of ethics, and attorneys involved in litigation. This program is suitable for attorneys involved in litigation; although the scenario is premised upon a medical malpractice case, the principles discussed are equally applicable to other fields of litigation such as personal injury, premises liability, construction cases or automobile cases. We look forward to your participation in what will undoubtedly be an evening of interest and learning.
Ethical Issues in Labor & Employment Law
A panel of experts will discuss current ethical issues arising in Labor and Employment law, both in the public and private sectors.
The panelists will discuss the impact of the adoption of the Rules of Professional Conduct, which went into effect on April 1, 2009, on the practice of labor and employment law, as well as several hypothetical cases relating to ethical issues arising in workplace-related litigation and pre-litigation practice. In particular, the panelists will address ethical issues arising out of whistleblower activities and prosecuting and defending lawsuits involving whistleblowers.
Ethical Issues in the Practice of Real Estate: What Every Attorney Must Know When Handling a Transaction (1.10.11)
A vast majority of attorneys, whether in a small firm or large firm will be involved in a real estate transaction in the course of their practice. There are a great many ethical pitfalls which one may fall into while handling a real estate transaction. Some of these ethical issues are obvious and others are far more difficult to recognize. This updated course will examine in detail day-to-day ethical issues that confront real estate attorneys and the general practitioner. Special emphasis will be made on conflicts of interest, the holding of escrow monies and title issues. This program’s updated content will provide CLE credit to all attendees, even if they attended in the past.
Ethical Issues Routinely Confronted By Solo & Small Firm Practitioners
Solo practitioners and small firms face ethical perils unique to their practices. Medium and large firm practitioners who intend to start a new law firm will face many of the same ethical problems. However, most of these ethical dilemmas can be avoided by simple risk management techniques and a basic understanding of common pitfalls that arise in these types of practices. This program will help attendees avoid disciplinary complaints and legal malpractice claims by first recognizing ethical issues before they ripen into an ethical dilemma and then applying common sense approaches to problems that could not be avoided. Speakers will use real life hypotheticals to stimulate discussion of problems that arise in everyday practice.
Ethics for the Entertainment Lawyer (6.28.10)
This program will focus on the ethical issues faced by entertainment lawyers handling transactional or litigation matters in music, film and television. An expert faculty will discuss ethical concerns arising during various stages of a representation, including business development, scope of representation, fee arrangements and managing conflicts of interest. Hypothetical fact situations will be utilized. For practicing lawyers, the program will provide an update on current practices; for newly admitted lawyers, the program will provide the necessary ethical ground rules.
Ethics in the Electronic Age: Be Careful When Using That Cell Phone, Blackberry, Blog, Social Network… (1.20.11)
Using the latest technology to communicate with clients, the court, and the public is often a necessary part of a lawyer’s job. But incorrect use of these tools can lead to disaster, particularly when it involves the inadvertent disclosure of a client’s confidential information. The stakes are raised even higher when information created, distributed, or stored electronically is subject to discovery. This program will address common mistakes that lawyers make with cell phones, speaker phones, voicemail, e-mail, and wireless handheld devices like BlackBerries. Additionally, using illustrations from a wide variety of matters including commercial, matrimonial, criminal, and family law cases, the program will provide a basic grounding in electronic discovery and address common errors lawyers make in handling matters involving electronically stored information (ESI). Finally, the audience will hear about how the next generation of Internet communications (e.g., blogs and social networks) carry with them even greater risks along with their benefits. This program’s updated content will provide CLE credit to all attendees, even if they attended in the past.
Ethics of Electronic Discovery: Best Practices & How to Avoid Civil & Criminal Sanctions
Although the technical procedures for electronic discovery have been addressed in an increasing array of judicial opinions, rule amendments, and "best practice" guidelines, the ethical implications of electronic discovery have, to date, not received the same analysis. Electronic discovery, however, presents significant risks of sanctions, disciplinary actions, malpractice claims, and even criminal penalties. This program will explore the range of such ethical implications, and panelists will discuss "best ethical practices" in the field of e-discovery.
This program will discuss:
* Preservation & production obligations: who is responsible?
* Vendor choices: what conflicts rules apply?
* Liability for errors in the electronic discovery process
* Standards of competence for counsel
* Ethics of metadata
Ethics, Discipline & Real World Obligations
A premier faculty drawn from the judiciary, the disciplinary bar and law firms will focus on the ethical and disciplinary issues confronting attorneys in everyday practice, including:
· conflicts of interest
· problems in representing closely-held entities
· fee issues
· common disciplinary complaints
· the ethical responsibilities of partners & associates
Ethics, Discipline & Real World Obligations (9.30.10)
A premier faculty drawn from the judiciary, the disciplinary bar and law firms will focus on the ethical and disciplinary issues confronting attorneys in everyday practice, including: Conflicts of interest arising in corporate and transactional practice; Corrective disclosures under the New York Rules of Professional Conduct; Disciplinary consequences for attorney misconduct unrelated to the practice of law; Avoiding disciplinary complaints.
Everyday Ethical Challenges in the Practice of Law
This program will address common ethical issues facing practitioners in a variety of practice settings with particular emphasis on New York’s new Rules of Professional Conduct, adopted by the Appellate Division on April 1, 2009. Among other topics, our panelists will discuss how to avoid conflicts among clients or between the client’s and the lawyer’s own interests. We will also discuss techniques for avoiding disciplinary complaints, malpractice claims or sanctions motions. Hypotheticals will be used to encourage attendees’ discussion and to focus on practical problems of interest to the participating lawyers in their practices.
Everyday Ethical Challenges: In the Practice of Law (11.18.10)
This program will address common ethical issues facing practitioners in a variety of practice settings with particular emphasis on New York’s new Rules of Professional Conduct, adopted by the Appellate Division on April 1, 2009. Among other topics, our panelists will discuss how to avoid conflicts among clients or between the client’s and the lawyer’s own interests. We will also discuss techniques for avoiding disciplinary complaints, malpractice claims or sanctions motions. Hypotheticals will be used to encourage attendees’ discussion and to focus on practical problems of interest to the participating lawyers in their practices. This program’s updated content will provide CLE credit to all attendees, even if they attended in the past.
Preserving Privileges: Ethical Issues Confronting Insurers, Policyholders & Counsel
This ethics-related program will address the difficult privilege issues that arise in the context of the policyholder-insurance company relationship. The program will explore defense-related common interests between policyholders and insurers, coverage-related common interests between policyholders and their creditors (sometimes including the plaintiffs suing the policyholders), and steps that lawyers and business people on all sides should take to ensure that communications intended to be privileged remain so. This course will be of interest to in-house counsel, defense and plaintiff’s counsel, insurance coverage counsel, and law firm attorneys involved in their firms’ loss prevention and risk management programs. Discussion topics will include:
-How to distinguishing between “defense” communications & “coverage” communications
-How insurance company coverage denials or reservations of rights affect privileges
-How sharing information with businesspeople (such as brokers or claims handlers) affects privileges
-How the presence of multiple insureds with conflicting interests affects privileges
-How policyholders and other insureds can submit defense bills & claims information without waiving privileges
-How insurance companies can evaluate coverage claims without waiving privileges
-How to dealing with reinsurers
-What special privilege issues arise when the policyholder is a law firm
Robert Shapiro Presents: High Profile Cases
With the advent of 24 hour television, more and more cases are coming in front of the public. Lawyers need to be prepared for dealing with the media and a broad range of pressures while managing a trial. Robert Shapiro, a nationally recognized trial lawyer, will share his experiences and give tips on how to effectively manage any case that comes before the public eye.
In this program, Mr. Shapiro will help you:
*Understand the Ethical Issues of High Profile Cases
*Be prepared to deal with the Media.
*Handle high profile clients and witnesses
*Stay focused while managing a circus
The New New York Rules of Professional Conduct in Criminal Cases
This program will explore, through hypotheticals, the most significant changes in the new ethics rules that have an impact on criminal practice in state and federal courts. The issues include candor to the tribunal, confidentiality and its exceptions, duty to disclose evidence, conflicts, and obligations in cases of alleged wrongful convictions.
The panel will consist of a judge, defense lawyer, prosecutor, and legal ethicist.
Ethical Issues Facing Attorneys in Mergers, Acquisitions and Related Transactions
II. Hypothetical Framework
III. Success Fee Arrangement
A. Basic Framework
B. Fiduciary Relationships
C. Hourly Billing vs. Success Fee
1. Ethically Bulletproof?
2. Practical Application
IV. Rule 1.7
V. An SEC Approach
A. Part 205 Rules: A Practical Walk-Through
B. What’s a Lawyer to Do?
C. Noisy Withdrawal Rules
D. Intersection Between State Laws & SEC Rule
VI. Hypothetical Wrap-Up
How to Obtain a Certificate
A Primer on Probate & Administration of New York Estates (3/4/09)
(Original Live Program Date: 3/4/09)
After a client suffers the loss of a loved one, he will turn to his attorney to guide him through the estate administration process. This program is intended to provide practitioners with a basic understanding regarding the filing requirements to probate wills, the appointment of administrators for decedents without wills, and how to deal with other general administration matters. Discussion will include guidance on completing the essential Surrogate's Court forms and an exploration of the ethical issues that often arise in administration.
This program provides 3.0 credits total: 2.5 professional practice & 0.5 ethics for the New York State MCLE requirements.
Current Ethical Issues in the Practice of Securities Law (Original Live Program Date: 6/18/09)
This program will address ethical and legal issues that corporate and outside counsel face in advising corporations, directors and officers, handling shareholder and derivative suits, and responding to government investigations. The program will present a scenario involving the discovery of possible accounting irregularities at a public company in which panelists will role play various parts, including that of corporate counsel, outside counsel, auditor¿s counsel, and SEC counsel. Topics will include attorney-client privilege when representing a corporate entity, multiple representations, issues regarding internal investigations, responses to client misconduct, issues dealing with outside auditors, and the impact of the Sarbanes-Oxley legislation. This program’s updated content will entitle attendees to CLE credit if they attended the 2007 program.
This program provides 2.0 credits in ethics
Document Retention: Ethical, Legal & Practical Advice for Determining the Documents You Should (and Are Required to) Preserve (Original Live Program Date: 4/14/09)
This program with provide practical advice and ethical guidance for in-house and outside counsel who confront document retention issues in the context of criminal and regulatory investigations, as well as civil litigation. The program will discuss the proper design and implementation of document retention policies, the legal requirements that arise in the context of investigations and litigation, and penalties and other sanctions that have been imposed for document retention failures. The program will address the particular challenges that arise with respect to preservation of electronic documents. The panel will include perspectives of the private practitioner, the government official, and the in-house lawyer.
This program provides 2.0 credits total: 1.5 professional practice & 0.5 ethics
Ethical Considerations for Corporate Investigations (Original Live Program Date: 9/17/09)
This annual updates program will explore current issues and recent developments relating to ethical duties and responsibilities of attorneys and other participants in corporate internal investigations involving public companies. These issues will be discussed from the point of view of counsel for the corporation, investigating counsel and government representatives. The presentation will touch on a broad array of ethical issues, devoting special attention to current developments concerning prosecution and regulatory strategies, conflicts of interests, protection and waiver of the attorney-client privilege, counseling of employee witnesses, and the federalization of ethical obligations imposed on attorneys under the Sarbanes-Oxley legislation of 2002.
This program provides 3.0 credits in ethics
Ethical Issues in the Practice of Real Estate: What Every Attorney Must Know When Handling a Transaction (Original Live Program Date: 1/26/09)
A vast majority of attorneys, whether in a small firm or large firm will be involved in a real estate transaction in the course of their practice. There are a great many ethical pitfalls which one may fall into while handling a real estate transaction. Some of these ethical issues are obvious and others are far more difficult to recognize. This updated course will examine in detail day-to-day ethical issues that confront real estate attorneys and the general practitioner. Special emphasis will be made on conflicts of interest; the holding of escrow monies and title issues.
This program provides 3.0 credits in ethics
Ethics in Employment Law (Original Live Program Date: 8/7/07)
In the constantly evolving area of employment law, practitioners routinely face a number of ethical questions. This interactive seminar will address some of the ethical issues that can arise in employment litigation. Through the use of several hypotheticals, a panel of experts will examine issues related to: attorney contact with represented parties (the no-contact rule); dealing with the press; surveillance and investigations; and confidentiality and settlement agreements.
This program provides 2.0 credits in ethics
Ethics in the Electronic Age (Original Live Program Date 1/15/09)
Using technology to communicate with clients, the court, and the public is a necessary part of a lawyer's job. But incorrectly using those tools can lead to disaster, particularly when it comes to client confidences and secrets. This program will address common mistakes that lawyers have made with cell phones, speaker phones, voicemail, e-mail, and wireless handheld devices like Blackberries. Additionally, the program will address new means of sharing documents with the court system, with guidance on how to use those systems ethically and efficiently. Finally, the audience will learn about how the next generation of Internet communications (e.g., blogs and social networks) carry with them even greater risks to go with their benefits.
Ethics, Discipline & Real World Obligations (Original Live Program Date: 10/6/09)
A premier faculty drawn from the judiciary, the disciplinary bar, law firms and academia will focus on the ethical and disciplinary issues confronting attorneys in everyday practice.
How To Avoid The Ethical & Fiduciary Pitfalls of Lateral Hiring (Original Live Program Date: 11/2/09)
For both law firms trying to attract laterals and lawyers trying to move to a new firm, there are a large number of ethical and fiduciary issues that are easy to miss. At this seminar, the panelists, using video vignettes, will discuss how to manage the lateral hiring process to avoid these potential problems. Among other things, the program will explore when and what clients can be told, what information can be shared with the potential new firm, what to cover when performing conflicts checks, and the issues that arise when hiring a group of lawyers.
Lawyers Following Orders: Ethical Pitfalls & Practical Advice (Original Live Program Date: 5/21/09)
Many cases in today's complex legal marketplace require lawyers to work in teams and with in-house counsel. This scenario necessarily presents situations where some lawyers on the team are supervising other attorneys or themselves being supervised. In this environment, what happens when a junior lawyer receives an instruction to engage in what he believes is unethical or illegal conduct from a supervising attorney or a valued client? Or when a partner receives instructions from a client that he believes are unethical? For example, what are the ethical ramifications when a partner tells an associate to not produce a potentially damaging document that is relevant and requested by the adversary? What happens when a criminal defense attorney knows that his client is not telling the truth? The answer, social psychologists tell us, is that subordinates are much more likely to do what they are told than we would like to believe. This unique program will present current and practical themes involved in civil and criminal litigation and corporate practice, followed by vignettes and panel discussions that illustrate and analyze common ethical dilemmas faced by attorneys. The panel will lead an interactive discussion that explores the many legal and ethical issues that arise when attorneys receive instructions or requests they believe are not ethical, and offer insights into how to deal with this problem, which ultimately has ethical and legal dimensions.
Paved with Good Intentions: When a Slip of the Tongue Becomes an Ethical Problem in a Criminal Trial (Original Live Program Date: 2/25/08)
Your client tells you a new version of what happened, just as he is about to go on the stand; an impassioned summation from a prosecutor is coming close to becoming improper; diligent witness preparation jeopardizes both a case and a career with just a few ill-chosen words. Nightmares of the criminal trial lawyer, these hazards can damage a career and a case despite the best intentions of the practitioner. Join this panel of expert criminal trial and ethics practitioners as they explore these three pitfalls waiting to trap criminal practitioners: client testimony, closing arguments, and the most essential part of trial preparation, interviewing and preparing witnesses. Minefields waiting to trap criminal practitioners, these areas are doubly hazardous in that trouble can occur even when the practitioner is acting with the best of intentions and in complete good faith. As these problems can arise with little or no notice, it is essential that the trial practitioner be aware of these issues. This panel will explore how to avoid these problems and how disciplinary committees handle them when they happen.
Representing Clients Before State and City Agencies Tips and Techniques for Effective Criminal Advocacy (Original Live Program Date: 11/19/08)
From the investigation of the State Executive Branch to the scrutiny of contractors involved in projects located within New York City, recent current events have demonstrated the importance of advocacy skills before State and City Agencies such as the State Inspector General's Office, the City Department of Investigation, the City Department of Buildings and the City Conflicts of Interest Board. Focusing on the investigative and/or regulatory authority granted to these and other State and City agencies, and examining the due process employed by those agencies, this program will provide practitioners with an understanding of the rules and manner under which these agencies operate, the ramifications for clients who are the subject of an agency inquiry and insights on how best to practice before these agencies.
Significant Ethical Issues Facing Inside Counsel (Original Live Program Date: 3/4/09)
This program will explore ethics issues of significance to inside counsel and outside counsel working with inside counsel.
The Ethics of Electronic Discovery: Best Practices & How To Avoid Civil & Criminal Sanctions (Original Live Program Date: 9/24/09)
Although the technical procedures for electronic discovery have been addressed in an increasing array of judicial opinions, rule amendments and "best practice" guidelines, the ethical implications of electronic discovery have, to date, not received significant treatment. Electronic discovery, however, presents significant risks of sanctions, disciplinary actions, malpractice claims, and even criminal penalties. This program will explore the range of such ethical implications, and panelists will discuss "best ethical practices" in this area.
Ethical Challenges in Employment Law: Resolving Real World Issues
In the evolving area of employment law, practitioners regularly face a number of ethical questions. Some of these questions are universal whiile others are more particular to this practice area. For example:
What issues must company counsel consider in deciding whether, and with what caveats, she can represent a company officer or employee who is named as a co-defendant in a discrimination suit?
What issues must plaintiffs' counsel consider in deciding whether and how to represent more than one co-plaintiff whose claims may not be equally strong, or whose settlement needs or wishes may differ?
May an attorney advise his client to tape conversations (and how does the opinion issued this past summer by the Association of the Bar of the City of New York on this subject impact the analysis of this question)?
What particular ethical issues arise (both for government counsel and for defense counsel) in proceedings before governmental agencies such as the EEOC, the State Division of Human Rights, or the City Commission on Human Rights -- where the claimant may incorrectly perceive the agency's counsel as his or her own attorney?
These are just a few of the ethical issues an employment law practitioner can expect to face. In many instances, knowing and planning for issues like these can prevent a situation that may require discontinuance of the representation. At this program, a panel of ethics experts and employment law practitioners examines these and other ethical questions that typically arise in this practice area through a series of hypotheticals, designed to give the practitioner tools for dealing with these issues in the real world.
Please note that this program will feature updated content and different hypotheticals from the program entitled 'Ethical Challenges in Employment Law' that was presented in 2002, and thus will entitle attendees to CLE credit even if they attended that previous program.
The Aftermath of the Mutual Fund Scandals: New Ethical Issues from Recent Rulemaking & Legislation
With some $7 trillion under management, investment companies have evolved into a preferred form of investment vehicle and, for some, a bank account substitute. Given its importance as a form of investment to the U.S. retail public, the industry has become the subject of close scrutiny from Congress, Federal and State regulators, as well as self-regulatory organizations. Corporate governance initiatives have extended beyond operating companies to investment companies; directors are being asked to do more. Words, such as "market timing", "late trading", "revenue sharing" and "soft-dollars," are used frequently in the popular press. Recent events have highlighted the regulatory and ethical dilemmas that practitioners in this area face. This program features a panel of investment management lawyers will discuss current developments, with an emphasis on ethical issues, under the Investment Company Act of 1940.