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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Beginner

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, April 22, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • 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.

$147.00
CLE
ALL

This CLE webinar will provide new attorneys with a comprehensive understanding of ethical principles and professional responsibilities in contract law and how these principles and rules apply to contract drafting, contract negotiation, and client representation.

Faculty

Rebekah R. Conroy
Founding Partner
Stone Conroy, LLC

Ms. Conroy's practice is centered on complex business litigation, including products liability, RICO, contract and franchise disputes, as well as the representation of attorneys in ethics proceedings. She advises business owners how to effectively minimize risks and how best to approach and prevail in litigation.

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Donald S. Trevarthen
(Retired) Director, Division Counsel at The Toro Company and (Retired) Adjunct Professor University of Minnesota Law School
University Of Minnesota

Mr. Trevarthen retired in 2015 from The Toro Company as Director, Division Counsel after over 25 years of service. At Toro, he had extensive experience with negotiating, drafting, and enforcing contracts across a wide range of subject matters and business units. Prior to Toro, Prof. Trevarthen  worked from 1979-1987 as a Project Engineer for General Motors Corporation in Saginaw, MI and for Tennant Company in Golden Valley, MN.

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Description

The contract drafting and negotiation process is replete with ethical issues and concerns and frequently raises issues pertaining to competence, confidentiality, conflicts of interest, truthfulness in negotiations, and more.

Attorneys engaged in contract drafting need to understand how to identify and manage ethical dilemmas, including issues related to privileged information, overreaching contract terms, and potential conflicts between clients.

Listen as our expert panel guides counsel through the ethical principles and professional responsibilities that surround contract law and contract drafting, review, and negotiation.

Outline

  1. Key Model Rules relevant to contract drafting and negotiation
    • Rule 1.1 Competence
    • Rule 1.6 Confidentiality of information
    • Rule 1.7 Conflict of interest
    • Rule 1.3 Diligence
    • Rule 2.1 Lawyer as advisor
    • Rule 4.1 Truthfulness in statements to others
  2. Ethical challenges
    • Protecting client confidentiality and handling privileged information
    • Identifying and managing conflicts of interest in contract transactions
    • Avoiding false statements in contract negotiations
    • Avoiding overreaching and unconscionable terms
  3. Hypothetical examples
  4. Best practices for ethical decision-making in contract law

Benefits

The panel will address these and other key considerations:

  • What are the guiding ethical principles in contract law?
  • What are some of the most common ethical challenges encountered in contract drafting and negotiation?
  • What are some effective strategies for navigating the tension between zealous advocacy and adhering to ethical obligations in contract negotiations?