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:
- 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.