The ethical rules regarding conflicts of interest may appear deceptively simple. However, there are numerous situations that may arise where they can be very complicated or deceptive. Or there could be an exception to the conflicts rule or a way to work around it with a well-crafted consent.
In this CLE, ethics expert & Professor of Legal Ethics Cari Sheehan will provide practical guidance on specific ethical situations that arise in your daily practice. Cari will mainly discuss the ethical framework, practical steps to avoid conflicts of interest and specific scenarios where conflicts occur. The steps to conflicts of interest resolution discussed: (1) identifying if it’s a current, former or prospective client, (2) analyzing whether a conflict exists, (3) determining if the conflict is consentable, (4) obtaining informed consent, and (5) remedies if the conflict is not resolved. Specific issues presented: joint representation, the informed disclosure that is required, simultaneous representation in unrelated matters, the material limitation standard, prior work conflicts, informed consent, injunctive relief, disqualification, fee forfeiture, former clients, imputed conflicts, utilizing a firm-wide database and creating ethical walls/screens. Model Rules implicated: 1.7, 1.8, 1.9, 1.10 1.11 & 1.13.
With over 15 years of legal experience in civil litigation, conflicts of interest, and professional responsibility, Cari Sheehan serves as the Taft Law’s Assistant General Counsel. She is also an Assistant Clinical Professor of Business Law and Ethics with the IU Kelley School of Business in Indianapolis where she teaches courses in Business Law and Ethics.