Challenges Facing a Law Firm's In-House Counsel: Following Ethics Rules While Protecting the Interests of the Firm
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Ethics
- event Date
Thursday, December 12, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.
This CLE course will examine why firms designate in-house ethics counsel, the role of the ethics counsel, and ethical issues that arise from consulting with in-house counsel. The panel will offer best practices for law firms creating and employing in-house ethics advisers.
Ms. Krauss is a respected litigator and recognized expert on complex issues relating to professional partnerships. She counsels lawyers in disputes involving partners, employees and their firms, as well as negotiates and litigates such disputes. She often speaks and authors on lateral hiring and wrote Partner Departures and Lateral Moves: A Legal and Ethical Guide (ABA 2009).
An experienced commercial litigator at both the trial and appellate level, Mr. Riskin manages complex matters in state and federal courts, with a particular focus on defending professional liability and conflict-of-interests claims against law firms. He engages all aspects of a matter by developing case themes, building expert strategies, preparing and defending key witnesses, and designing early-stage litigation strategies resulting in pre-trial dismissals and favorable settlements.
Mr. Davant represents clients in high-stakes litigation. He has represented clients in disputes over contracts, trade secrets, IP licenses, real estate, civil rights, labor law, financial services, and numerous other areas in state and federal courts, and in JAMS, AAA, and ICC arbitrations. Mr. Davant has particular experience defending law firms and accounting firms accused of malpractice or other wrongdoing. He has represented many of the largest law firms and accounting firms.
Many law firms have appointed in-house counsel to help the firm and its attorneys avoid ethical missteps and defend the firm, if necessary, from potential claims. This arrangement heightens legal ethics awareness by designating an in-house lawyer to whom other lawyers may turn for an objective evaluation of legal ethics issues.
Those appointed as in-house counsel must help the law firm strike the proper balance between protecting its interests and fulfilling its ethical duties to its clients. If there is a problem relating to the law firm's representation of a client, then the firm's in-house counsel needs a clear understanding of what the firm must disclose to its current clients, the steps to protect its clients' interests, preserve the confidentiality of in-house communications, and position the firm to defend itself from potential claims.
Listen as our panel of attorneys--with extensive experience representing attorneys and law firms on legal ethics and professional liability defense--discusses why firms should designate in-house ethics counsel and how to perform that role. The panel will explain the ethical issues arising from consulting with in-house counsel and offer best practices for law firms employing in-house ethics advisers.
- Advantages of appointing in-house ethics counsel
- Duties to the law firm's clients when consulting with in-house ethics counsel
- Client notification and waiver
- Disclosure requirements
- Reporting of misconduct
- Best practices for law firms to avoid ethics violations
- Preparing for a potential claim against the firm
The panel will review these and other essential questions:
- Is an attorney-client relationship created between the in-house ethics counsel and another attorney seeking an ethics consultation within the firm?
- When a lawyer seeks advice from the law firm's in-house counsel, how can the firm ensure that the communications are privileged?
- What information is the law firm ethically obligated to disclose to the client, and how should the firm make that disclosure?
- What should in-house counsel do if a client sues, or threatens to sue, the firm?
Related Courses
Representing Fiduciaries: Legal Ethics for Counsel and Pitfalls to Avoid
Available On-Demand
Ethically Representing Clients With Adverse Interests: Assessing What Needs To Be Disclosed, How and When Legal Adverseness Requires Action
Tuesday, March 4, 2025
1:00 p.m. ET./10:00 a.m. PT