Lawyers owe their clients a duty of absolute loyalty. When separately representing two or more clients on the same matter or jointly representing them on the same matter, conflicts of interest quickly creep in. These conflicts can be direct and substantial, particularly when the lawyer needs to share the secrets of clients with other clients. Nonetheless, ethics rules generally allow joint representations.
Friday, September 23, 2016
12:00 PM - 1:00 PM
Nebraska Activity #127750, 1.0 hour Ethics
Lawyers owe their clients a duty of absolute loyalty. When separately representing two or more clients on the same matter or jointly representing them on the same matter, conflicts of interest quickly creep in. These conflicts can be direct and substantial, particularly when the lawyer needs to share the secrets of clients with other clients. Nonetheless, ethics rules generally allow joint representations. Doing so, however, requires a deep understanding how conflicts may arise, how to present them to clients and obtain advance waivers, and practically manage the flow of information over time. This program will provide you with a real-world guide to the ethical issues and traps of joint representations.
- Forms of joint representations – separate representation on same matter and joint representation on same matter
- Voluntary and inadvertent creation of joint representations
- Loyalty issues – managing inherent conflicts of interest and the use of advance waivers
- Information flows in the absence of any agreement – what happens when there are no guardrails?
- Information flows under “keep secrets” and “no secrets” agreements
- Attorney-client privilege ramifications in a later arising dispute among jointly represented clients
- Practical guidance on determining whether a joint representation is desirable
Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections. For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.
Elizabeth Treubert Simon is of counsel in the Washington, D.C. office of Vorys, Sater, Seymour and Pease LLP, where the primary focus of her practice is the defense of attorneys and other professionals, trademark and copyright infringement litigation and insurance coverage litigation. She also provides counsel to insurers regarding insurance coverage and counsels clients regarding professional ethics and attorney disciplinary procedures. Ms. Simon is a member of the Committee on Professional Discipline of the New York State Bar Association and the District of Columbia Legal Ethics Committee. She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.
To Register:Cost $89.00
If you need additional information on your CLE credits please contact:
- Click on above link
- Click “Login to add to cart” button at the bottom of the program page
- This will take you to the log in page, FIRST time users will need to create a user name and password that is separate and distinct from any information you may have used for the Nebraska State Bar website
- Please be sure to use the attorney name and contact information of the person who is to receive the CLE credit
- Once completed click “Update & Proceed to Payment”
- The final step is to click “Submit Payment”
- At this point you will receive an email confirmation of the purchase
- The day before the Program you will receive the dial in information and program materials
- We will submit the program participation information to the Nebraska State Bar Association within 48 hours of the program completion
Sara Weber, Nebraska State Bar Association
(402) 475-7091 ext # 131; email@example.com