Category Archives: Ethics & Professionalism

CLE Course on Legal Ethics and Evolving Technology

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Are you required to keep hard copies of all your blog posts? Can you ethically post the big verdict from your trial on your website? Can you counsel clients to remove embarrassing photos from their Facebook page two weeks before trial? What if your friend endorses you for Maritime Law on LinkedIn… but you’re a family law attorney?

Twitter, Snapchat, Instagram… every new day seems to bring a new social media website and a new electronic fad. How can attorneys harness these new technologies in their legal practice without running afoul of the ethical rules?

It is now your ethical duty to be competent when using new digital technologies. Email and Facebook are not going away – they are now a part of your legal practice. However, as these new technologies evolve so rapidly, the ethics rules struggle to keep up. In this CLE course, attorney Ed McIntyre provides a practical discussion of your evolving ethical duties in light of emerging technologies. The main ethical issues discussed include: communicating electronically with clients, the ethics of cybersleuthing and counseling clients to delete information from social media accounts. To access the course please click here: What Me Worry? Professional Responsibility, Evolving Technology and Why I Might.

Additional subjects covered in this legal ethics course:

  • The ABA Model Rules
  • California Rules of Professional Conduct
  • The Duty of Competence
  • The Duty of Confidentiality
  • The Duty of Communication
  • The legal advertising rules
  • Ethical issues associated with websites
  • Blogs & twitter
  • Disclaimers
  • Confidentiality & social media
  • Website submissions & the attorney-client relationship
  • Friending parties & individuals involved in litigation
  • The no contact rule
  • Suppression of evidence
  • The ethics of LinkedIn endorsements

A veteran trial attorney, Edward J. McIntyre practices complex business litigation in federal and state courts. An expert on the topic of professional responsibility, he also now advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence issues. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.

This CLE course is offered in the following states:

  • Alaska(AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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CLE Course on Conflicts of Interest in an Increasingly Complex World

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In our increasingly complex and intertwined legal and business world, ethically navigating through the conflicts of interest rules can give you headaches and leave you confused and befuddled. Unfortunately, failing to spot or address a potential conflict of interest could even lead to disqualification, disgorgement… or even a malpractice lawsuit.

Attorneys who believe that violations of ethics rules may only be used against them in a disciplinary proceeding are, unfortunately, mistaken. Among the courts that have addressed this issue, the overwhelming majority have held that evidence of an ethics violation is admissible in an action for breach of fiduciary duty or professional negligence.

To learn more about the practical application of the conflicts of interest rules, join attorney Edward J. McIntyre as he shows you how to approach and analyze conflicts of interest by highlighting key ethical issues from a series of recent case examples. The main topics that Mr. McIntyre covers includes ethics & risk mitigation, conflicts between current clients, conflicts in successive representation, conflicts based on an attorney’s personal interests and conflicts based on the receipt of confidential information outside of the attorney-client relationship. To access the course please click here: What Me Worry? Conflicts of Interest in a Multijurisdictional and Increasingly Complex World.

Further topics discussed include:

  • The ABA Conflicts of Interest Rules
  • Model Rules 1.7
  • Model Rule 1.9
  • Model Rule 1.18
  • California Rule of Professional Conduct 3-310
  • Actual vs. potential conflicts
  • Where conflicts arise
  • The standard of care
  • Breach of fiduciary duty
  • The duty of loyalty
  • Conflict checks & advance waivers
  • Informed written consent & written disclosure
  • Possible consequences of rules violations
  • Disqualification vs. discipline
  • Conflicts-check systems
  • Joint/dual representation

A veteran trial attorney, Edward J. McIntyre practices complex business litigation in federal and state courts. An expert on the topic of professional responsibility, he now focuses on advising and representing attorneys on issues of professional responsibility, risk mitigation and professional negligence issues. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.

This CLE course is offered in the following states:

  • Alaska(AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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CLE Course: Ethical Traps for the Unwary

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How well do you know the California Rules of Professional Conduct (CRPC), the Business & Professions Code (B&PC) and the State Bar Act? Do you know them well enough to avoid lurking ethical traps?

Lawyers & Ethics

Unfortunately, many lawyers think that the MPRE is the last time they need to study ethics rules and quite a few attorneys have little or no familiarity with the rules of the ethical road in California.

There are many traps for the unwary hiding within those ethical rules – traps that could lead to a malpractice violation or even state bar discipline and disbarment. Join David Carr as he discusses the source of ethical rules in California and ethics traps you need to avoid. To access the course click here: Ethical Traps for the Unwary.

The main topics presented and discussed by Mr. Carr include:

  • Failing to account for client funds
  • Accounting for unearned advanced fees
  • Accepting fees from third parties without client consent
  • Failing to disclose a lack of malpractice insurance
  • Settling a legal malpractice claim without advice to seek counsel
  • Failing to maintain membership address
  • Seeking agreement to withdraw or not make a state bar complaint
  • Candor toward tribunal
  • Moral turpitude through gross negligence

David Cameron Carr is Senior Counsel in the Legal Ethics and Law Firm Practice Group of Klinedinst PC. Mr. Carr specializes in legal ethics and the law of lawyering, including discipline defense, bar admissions, attorney fee disputes, legal malpractice, attorney professional responsibility and ethics advice. Mr. Carr graduated from Loyola Law School in 1986 and was admitted to the California Bar that year. After practicing in business litigation and commercial law, Mr. Carr spent 12 years as staff attorney, discipline prosecutor and manager at the State Bar of California, before returning to private practice in 2001 and then joining Klinedinst PC in 2016. Mr. Carr is an active member of the San Diego County Bar Association, where he serves on the Legal Ethics Committee.

This CLE course is currently offered in the following states:

  • California (CA)

For more information about the CA MCLE requirement please click the following link: CA CLE.

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CLE Course: Substance Abuse & the Legal Profession

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Untreated addictions can seriously affect an attorney’s competence to practice law. Substance abuse and addiction can lead to late filings, missed court appearances, client defaults, poorly drafted pleadings, inappropriate settlements, local & state bar suspension, legal sanctions, restrictions & probation, unpaid dues & bills, disbarment, cancelled malpractice insurance and malpractice lawsuits against the lawyer and his or her client.

Substance Abuse & Attorneys

Substance abuse is the dirty little secret of the legal profession. The long hours, conflict and pressure of the profession leads some attorneys to abuse drugs and alcohol to cope with the stress of the profession.

In this substance abuse course, Commissioner K. Riley provides her unique perspective on alcohol and drug abuse amongst attorneys. The main topics covered by Commissioner Riley include substance abuse & attorneys, the addiction disease model, the physiology of alcoholism, competence & substance abuse, where to get help, the Other Bar, the Lawyer Assistance Program (LAP) and 12 step programs. To access this substance abuse course please click here: Substance Abuse & the Legal Profession.

Additional subjects in this Substance Abuse CLE course:

  • Why attorneys are at such a high risk
  • Lawyer defense skills
  • Neurochemistry
  • The Duty of Competence
  • The ABA Model Rules
  • Rules of Professional Conduct
  • Intervention
  • Relapse
  • Maintaining sobriety
  • Triggers
  • Getting help for attorneys
  • Legal discipline & getting help
  • The cost of discipline
  • Peer support groups
  • The Other Bar
  • AA
  • Additional resources for attorneys

Commissioner K. Riley has worked for the San Diego Superior Court system since 1992. Before she began working for the court system, Commissioner Riley was in private practice for over ten years. Because of her unique perspective, Commissioner Riley is frequently called on by bar associations and legal groups to speak about the plight of substance abuse in the legal profession.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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CLE on Substance Abuse, Depression & Competence

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Substance abuse and depression are two of the main contributors that affect an attorney’s competence to practice law. Substance abuse and depression also lead to high rates of suicide amongst lawyers. Attorneys are nearly twice as likely to have problems with drugs & alcohol and are nearly four times more likely to suffer from depression when compared to the general population. In fact, the depression rate in the legal profession is the highest amongst all professions and over 50% of all discipline cases involve an underlying substance abuse issue.

The leading cause of premature death among attorneys:

  • It’s not heart attacks or car accidents.
  • Suicide is the leading cause of premature death for lawyers

In this course, Richard P. Carlton discusses the connection between substance abuse, depression and your competence to practice law. The main topics discussed include the law as a high-risk profession, substance abuse & depression disorders, personality traits of attorneys, ways to cope with the stress & the mental challenges of the legal profession and managing client expectations. To access the course please click here: An Attorney’s Duty: Competence & Substance Abuse.

Further issues presented and discussed in this CLE course:

  • Brain chemistry
  • Depression
  • Traits of pre-law students
  • The effects of law school
  • Lawyers as pessimists
  • Thinking like a lawyer
  • Resources & assistance for attorneys
  • The stress response
  • Negativity bias
  • Fear & negativity
  • Mindfulness
  • The pace of life for attorneys
  • Time shifting
  • Mindfulness
  • Hardwiring happiness
  • Resources & assistance

Richard P. Carlton, MPH, is currently the Acting Director of the Lawyer Assistance Program (LAP) of the State Bar of California. He has been addressing mental health and disability concerns in the legal profession for over twenty-five years and he frequently delivers continuing legal education (CLE) presentations on addressing substance abuse and managing stress to bar associations, State Bar sections and law firms throughout California. In addition to his work with the LAP program of the State Bar of California he is also a consultant to the U.S. Courts for the Ninth Circuit, the National Conference of Bankruptcy Judges and the Idaho Judicial Branch on matters of judicial stress and wellness.

This CLE course is currently offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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Show Me The Money! Ethics of Trust Accounting CLE

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If you are like me, one of the first things you do while perusing your state bar journal or website is to flip quickly to the back and the scan the discipline pages. There is something that fascinates me about the stories of those attorneys that were unfortunate enough to get a public censure… or even disbarment in the most extreme circumstances. And it seems that almost every time an attorney gets disbarred it’s because they committed serious ethical violations when handling their client’s money.

The mishandling of client funds is a top complaint in both legal malpractice cases and State Bar proceedings.

Heather Rosing presents this course because attorneys continue to (intentionally or unintentionally) mishandle client funds. In this course, Ms. Rossing will show you how to ethically deposit, account for and disburse client funds so that you can properly navigate and comply with the complex & technical rules of client trust accounting so you can avoid a legal malpractice claims and State Bar discipline. While Ms. Rosing mainly bases her discussion on the ethics rules and opinions of California, the strategies and tips that she provides will benefit attorneys around the country. To access the course click here: Show Me The Money: Ethical Client Trust Accounting.

Subjects covered in this ethics CLE course:

  • Ethical rules & resources
  • State bar findings on trust accounts violations
  • Preserving the identity of funds & the property of the client
  • Ethically handling papers, property & fees when terminating the representation
  • IOLTA vs. Non-IOLTA trusts
  • Helpful ethics opinions
  • Co-mingling funds
  • The receipt & clearance of funds
  • Advancing costs & fees
  • Credit cards
  • Non-client funds
  • Loans from trust
  • Fee disputes
  • Trust as escrow or “holding account”
  • Trust account scams

The former President of the San Diego County Bar Association (SDCBA), Heather L. Rosing is the Chairperson of the Professional Liability Department overseeing a team of Klinedinst lawyers across the state of California in the defense of professionals such as lawyers and accountants. She has developed a nationwide reputation for her experience & skill in litigating complex malpractice and fraud cases; in delivering sound advice in the areas of ethics & risk management; and in defending lawyers, accountants, and judges in disciplinary matters. Ms. Rosing also serves as a consultant & expert witness in the areas of privileges, fee disputes, professional responsibility and attorney duties.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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New York CLE: NY Ethics and Professionalism Hours

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“Experienced” attorneys in New York must complete a minimum of twenty-four (24) NY CLE credit hours each two-year New York CLE reporting cycle. Attorneys who have been admitted to the New York Bar for more than two years are considered “experienced” attorneys. Experienced New York attorneys may complete all 24 NY CLE credit hours through online, downloadable and CD CLE courses.

Ethics and Professionalism may include:

  • The norms relating to lawyers’ professional obligations to clients[1]
  • The norms relating to lawyers’ professional relations with prospective clients, courts and other legal institutions, and third parties[2]
  • The sources of lawyers’ professional obligations[3]
  • Recognition and resolution of ethical dilemmas
  • The mechanisms for enforcing professional norms; substance abuse control; and professional values[4]

Of the 24 required NY CLE credit hours, at least 4 of these hours must be in the area of Ethics and Professionalism category. Ethics and Professionalism is a broad category and encompasses many different topics. All 4 required New York Ethics and Professionalism credit hours may be completed through online CLE courses. For more information about CLE in New York please click the following link: NY CLE.

[1] Including the obligation to provide legal assistance to those in need, confidentiality, competence, conflicts of interest, the allocation of decision-making, and zealous advocacy and its limits.

[2] Including the lawyers’ fiduciary, accounting and record-keeping obligations when entrusted with law client and escrow monies, as well as the norms relating to civility.

[3] Including disciplinary rules, judicial decisions, and relevant constitutional and statutory provisions

[4] Including professional development, improving the profession, and the promotion of fairness, justice and morality.

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CLE Course: Legal Ethics of Online Legal Advertising

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Almost every attorney and law firm utilizes numerous online resources to provide legal information to the public and advertise services to potential clients. However, while numerous attorneys and firms rely on websites and social media to grow their businesses, many don’t give a second thought to the fact that their online activities could run afoul of the ethical rules on attorney advertising. Firm websites, Facebook, Twitter, Quora, LinkedIn, Quora and other social media platforms all pose significant ethical risks for lawyers who may be inappropriately or even inadvertently advertising to or soliciting clients online.

The following Model Rules will be discussed:

  • Model Rule 7.1 – false & misleading communications, required disclaimers
  • Model Rule 7.3 – solicitations
  • Model Rule 4.4 – transactions with persons other than clients
  • Model Rule 8.4 – integrity of the profession

In this legal ethics course, attorney Ken Matejka points out the ethical issues created by your online content and shows you how to fulfill your ethical duties when advertising and offering legal information on your law firm website, social media websites and other online resources like AVVO and Yelp. The five main topics that Ken discusses include false & misleading communications, solicitations, required disclaimers, privacy policies and eliciting online reviews. To access the course please click here – A Tangled Web: Ethical Issues Created by Your Online Legal Content.

Additional issues covered in this CLE course:

  • Providing legal information/legal advice
  • Case results
  • Specialists
  • Guarantees
  • Establishing the attorney-client relationship online
  • Online Q & A websites
  • Contingency fees & costs
  • ABA Formal Opinion No. 10-457
  • Recommended elements for a valid disclaimer
  • Recommended placement for disclaimers
  • Unencrypted email & the attorney-client privilege
  • The integrity of the profession

Ken Matejka is a California attorney and a former member of the ABA’s Standing Committee on Lawyer Referral and Information Services (LRIS). For seventeen years, he worked at the Lawyer Referral and Information Service of the Bar Association of San Francisco and in 2006, co-founded LegalPPC, an Internet Services Company dedicated to helping lawyers and lawyer referral services get more clients from Google. Ken has been a regular presenter at events like the ABA’s Annual LRIS Workshop and for attorneys across California on the topic of online visibility and lead generation for the solo practitioner’s law practice. LegalPPC currently provides Internet services to about 20 bar associations and a large number of law firms nationwide.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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CLE: Ethical Issues for Trustees & Fiduciaries

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A fiduciary is a person who assumes responsibility for a position of trust. Fiduciaries serve by court appointment as guardians, conservators and personal representatives of estates. They also serve by agreement as trustees, representative payees or as agents under powers of attorney. Many seniors choose to appoint a professional fiduciary in order to avoid burdening family members and to avoid creating conflict with siblings and other relatives.

Who needs a Professional Fiduciary?[1]

Many seniors with family choose to appoint a Professional Fiduciary to avoid burdening family members. Even the most capable adult child is frequently fully committed to work and home responsibilities and may not live conveniently nearby. And, of course, many family members would not be a good choice for fiduciary work due to the lack of appropriate skills or the potential for conflict with siblings or other relatives.

To learn more about the role of the professional fiduciary join Marguerite Lorenz as she delivers an excellent presentation on the ethical standards that guide trustees & fiduciaries and the common everyday scenarios where these ethical issues come into play in the estate planning and administration process. The main topics discussed in this CLE course include the people involved in the estate planning process, the fiduciary’s Duty of Loyalty, determining the entire estate, marshalling the assets and interviewing the fiduciary. This course has also been approved for California fiduciaries, both for pre-licensing and for continuing education credit. To access the course please click here: Ethical Issues for Trustees & Fiduciaries.

Additional subjects covered include:

  • The role of the fiduciary/trustee
  • Triggering events
  • Beneficiaries & trustees
  • Licensing
  • Determining who is the client
  • The overall goal
  • Gathering all the key documents
  • Timekeeping
  • Securing the assets
  • Communications
  • Records
  • Distributions
  • The Prudent Investor Act
  • The succession plan

Marguerite Lorenz is a professional Trustee and Executor and frequent speaker on a variety of Estate Planning topics. As Co-Author of “Ethics for Trustees – A Guide for All Who Serve as Trustee,” she continues to write for various periodicals. Marguerite has always been interested in efficient administration. From her first job as executive secretary for a well established service organization in Los Angeles, to her work in the Internal Audit Department of SunAmerica Financial, to her position in Business Development for a Student Tuition Financing company, Marguerite has continuously streamlined processes, improved the client experience and delivered results. Marguerite has served as Chairman, after being appointed by Governor Brown in 2012, of the Fiduciary Licensing Bureau Advisory Committee in Sacramento. She served as Co-Chair of the Professional Fiduciary Association of California’s 2012 Annual Conference in Anaheim, California.

This CLE course is currently offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

[1] What is a fiduciary?

http://www.pfac-pro.org/whatis.php

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CLE Course on Limited Scope Legal Counseling

What is the human value of offering affordable legal services through a limited scope counseling-at-law practice?

Limited scope legal counseling services can include bankruptcy assistance, real estate matters, trusts & estates and mediation guidance to name a few areas – while litigation services and more complex cases are referred out.

Increasingly, people in this country cannot find affordable legal services to find redress for their legal problems. Few people actually qualify for legal aid and many consumers simply can no longer find legal services that are within their budget. For the attorney, offering limited scope counseling can be a great way to provide reasonably priced legal services while avoiding the stress and burnout that make so make so many attorneys unhappy with the practice of law.

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In this CLE program, attorney Janet Sobel will show you how a limited scope counseling practice can become a practice of its own. Janet mainly discusses the value of limited scope legal counseling for the attorney & legal consumer, how limited scope counseling works, case examples from her own practice and key considerations before offering limited scope legal counseling services. The course can be accessed by clicking here: Limited Scope Legal Counseling: Transitioning To A New Model.

Further issues presented in this CLE course:

  • The stress & substance abuse of the legal profession
  • The cause of attorney unhappiness
  • Specialists vs. generalists
  • Offering affordable legal services
  • The collaborative law approach
  • Educating your clients
  • Attorney compensation
  • Referral fees
  • Prevailing party fees
  • Sources of clients
  • Malpractice insurance
  • Payment from clients
  • Fee agreements
  • Using email to communicate with clients

Janet E. Sobel has provided limited scope counseling-at-law for over 14 years. She has learned there is a need for affordable limited scope counselors-at-law and that attorneys can create a successful and personally rewarding practice. Ms. Sobel was a litigator in the “law firm” setting until 1999, when she decided she wanted something more fulfilling than an active litigation practice. By working from her home, Ms. Sobel found she could eliminate the high cost of a traditional law firm practice and reduce her rates, thereby providing affordable “counseling-at-law” services to her clients. Thus, Ms. Sobel helps her clients address a wide range of legal issues in an economical way.

This CLE course on limited scope legal counseling is currently offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country. For more information about CLE in California please click the following link: CA MCLE.

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