Presented by the Standing Committee on Professional Ethics
Seminar Code: EPE160330
CLE Credit: 4.0 Hours Ethics
About the Program:
A panel with extensive experience advising attorneys on their ethical obligations will present on some of the tough questions facing attorneys today in a variety of practice circumstances. Using a series of real-life problems that cut across several areas of ethics and the intersection of ethics and other law, the panelists will attempt to give attendees some guidance beyond that found in most ethics seminars. Time will also be set aside to discuss interesting ethics issues presented by the audience.
Who Should Attend:
Any attorney who wants to keep current on how to avoid ethical and legal violations in a changing and challenging legal environment.
You Will Learn:
- About your obligations to your clients and to yourself regarding contraband, witnesses, destruction of evidence, and information that a client may intend to commit a crime.
- A lawyer’s duties upon receiving a subpoena concerning a former client seeking the client’s file.
- About representing clients with impaired capacity, especially if the client evinces an intention to make an ill-considered decision that may have serious consequences.
- When a client stops being a present client for conflict of interest considerations, duties to former clients, what conflicts are not waivable, and the efficacy of advance waivers.
- How to deal with conflicts when representing a corporate officer and the corporation in a shareholder derivative action. Duties to members of closely-held LLC’s. What you can and cannot do with regard to representing one member of an LLC and the entity against another member.
- Developing law on attorney whistleblower obligations and protections and the ability of an attorney to be a qui tam relator or a reporting witness under similar regimes. The ability and challenges of lawyers to prosecute or defend employment disputes involving their work as a lawyer. Is the rule of confidentiality a tool an employer can use to defeat such cases?
David P. Atkins, Pullman & Comley LLC, Bridgeport
Stephen J. Conover, Carmody Torrance Sandak & Hennessey LLP, Stamford
Mark A. Dubois, Geraghty & Bonnano, New London
Patricia King,Geraghty & Bonnano, New London
Brendon P. Levesque, Horton Shields & Knox PC, Hartford
Marcy T. Stovall, Pullman & Comley LLC, Bridgeport
James F. Sullivan, Howard Kohn Sprague & FitzGerald LLP, Hartford
Criminal concerns: James F. Sullivan
- Counseling your client when they disclose they are going to commit a crime.
- The arrest of Martin Skreli’s lawyer.
- Protecting yourself and the limits of Rule 1.2.
The Defense Attorney’s duty in the prosecution process: David P. Atkins
- Handling of contraband and other evidence- destruction of incriminating evidence such a child pornography or drugs, 14 USC 1519 and state evidence and witness tampering law. The “duty to resist” when an attorney is subpoenaed.
Clients with Impaired Capacity and Rule 1.14: Stephen J. Conover
Conflicts of interest: Advanced considerations: Marcy Stovall
- “Prior work”, personal interest and other problems related to Rule 1.7(a)(2).
- When does someone become a “former” client?
- When is a conflict not waivable?
Conflicts in representing a corporate officer and the corporation in a shareholder derivative action: Patricia King
The Odd Case of Martin Shkreli: A Crime-Fraud Exception Refresher - Brendon P. Levesque
Attorney whistleblowers under Dodd Frank, the False Claims Act and other regimes. Can an attorney ever be a party to such a case? How can an attorney bring a claim against her employer if it will reveal attorney-client matters?: Mark A. Dubois
Q&A: Attendees will have the opportunity to ask their most challenging questions about ethical and legal obligations.
Cost: (Includes a light breakfast and parking at the public garage at 35 Bank Street)
Law/Paralegal Student $75
Materials for this seminar will be e-mailed to registrants prior to the seminar for download. No paper copies will be prepared. Please note that refunds will not be granted once course materials have been received.
The Connecticut Bar Association/CT Bar Institute is an accredited provider of New York State CLE. This program qualifies for transitional and non-transitional credits. Financial hardship information available upon request