Lawyer as Leader: Outside the “Thinking Like a Lawyer” Box (Online Seminar)

MCLE Credits: 3.0
Ethics Credits Included: 2.0

MCLE Credit: 3.0 (Ethics: 2.0)
Live-Interactive Credit: 0.0
Designation Credit: 2.0 Ethics (Designations Information)
Price: $189 (Includes a downloadable audio version.)
Viewable Through: 09/30/21


A pre-recorded streaming video replay of the September 2018 webcast, Lawyer as Leader: Outside the “Thinking Like a Lawyer” Box.

Topics Covered

  • The various roles recognized for lawyers within the ABA Rules of Professional Conduct (advisor, advocate, negotiator, evaluator) and what rules apply to lawyers acting as lawyers, and which rules apply to lawyers in all circumstances
  • The two sets of standards to which a lawyer’s professional conduct might be held: (1) the full rules of professional conduct in the applicable jurisdiction; or (2) the basic expectations of fitness to practice law such as dishonesty (Rule 8.4(c)), making false statements about a judge (Rule 8.2(a)), and criminal conduct reflecting poorly on a person’s fitness to practice law (Rule 8.4(b)).
  • A review of ABA Model Rule 5.7, discussing a lawyer’s obligations in instances when the lawyer is working outside the traditional scope of legal service and Rule 5.5, unauthorized practice of law
  • What rules apply for lawyers who seek a non-lawyer role?  How can you manage entry into and exit from lawyer-client relationships, and maintain clarity regarding who is your client and what is the scope of your representation, if any? (ABA Model Rules including 1.2, 1.6, 1.8f, 1.13, and 1.16)
  • ABA Model Rule and Virginia Rule 8.4 regarding misconduct
  • The need to exercise critical leadership judgments, often with limited information and time to do so.  How does one form such leadership decision-making skills?
  • The 7 Habits of Highly Successful Lawyer Leaders

In America, lawyers often assume key leadership positions. Over the course of our nation’s history, the majority of our presidents have been lawyers, and currently over 1/3 of the members of the House of Representatives and over 1/2 of our senators are lawyers. Eight of the past 10 governors of Virginia were lawyers. Lawyers also abound in leadership positions in corporate America. Even if not directly engaged in politics or running a business, many lawyers act as senior advisors to such leaders, whether in corporations, government, or the community. Yet there is very little training, if any, dedicated to teaching leadership within our profession, or helping lawyers prepare for their possible roles as leaders in our society.

Does “thinking like a lawyer”—essential for good client representations—always work as well for lawyers acting as or advising in policy leadership positions? When is a lawyer ethically compelled to “think like a lawyer,” and when does a lawyer have room to transcend their lawyer thinking? Are there other components to improve the advice and choices of lawyer leaders? If there are, how do the professional rules applicable to lawyers inform or apply to lawyer leaders?

One way lawyers can learn leadership within the bounds of the profession is the classic case method: studying the actual experiences of others—both successes and failures. This seminar will principally examine the formative initial years of America in Vietnam, 1960–65, when the most critical leadership judgment calls were made. Many of those decisions were driven by or with the advice of lawyers. This seminar will also address more recent examples of lawyers facing challenging leadership choices in corporate and private practice—offering a discussion of the role, the applicability, and the guidance of the professional rules along with some “nuggets of wisdom” that lawyers can apply in their careers, either as a leader or in advising clients in leadership roles.

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Kelly L. Faglioni, Hunton Andrews Kurth LLP / Richmond

Kelly Faglioni practices as a commercial and regulatory litigator on products liability and post-M&A disputes and issues and serves as one of the firm’s Deputy General Counsel focusing on law firm ethics, conflicts, and risk management issues.

Ms. Faglioni’s litigation experience spans both commercial and regulatory litigation before state and federal trial and appellate courts, regulatory agencies, and alternative dispute resolution forums. A significant amount of her litigation practice has focused on product issues that have included compliance, recall, investigations, retail sale, warranty, and products liability. She also has experience litigating professional malpractice, business torts, and post-M&A, contract, corporate governance, and partnership disputes. Her regulatory litigation practice has involved the nuclear and telecommunications industries. She clerked for the Honorable A. Christian Compton, Justice of the Supreme Court of Virginia in 1992-93.

As a Deputy General Counsel for the firm, Ms. Faglioni has substantial experience with law firm ethics, conflicts, compliance, and risk management, including defense of malpractice and third party claims. She is involved in training and formulating firm policies and procedures aimed at addressing a variety of risks. As an outgrowth of this experience, she has become involved in representing other law firms, lawyers, or corporate law departments in ethics and malpractice issues. Ms. Faglioni chairs the firm's Conflicts and Professional Conduct Committee, regularly advises on conflicts and other ethics issues and compliance with professional rules, and guides the firm’s Business Intake and Conflicts section.  She has taught scores of ethics CLEs and served as an adjunct professor at Washington & Lee University School of Law.

D. Alan Rudlin, former litigation partner at Hunton & Williams / Richmond

Alan Rudlin’s practice focused on complex commercial and environmental matters, including class action, energy, and fiduciary litigation. His practice was diverse geographically as well as in dispute areas, involving him in numerous trials throughout the country. In addition to the core areas noted above, he has handled a number of significant appellate, defamation, and constitutional litigation matters.

Mr. Rudlin also engaged in various types of alternative dispute resolution and served as the chair of the VSB-VBA Joint Committee on Alternative Dispute Resolution. He is the author of numerous books and articles, and was a member of the leadership of the American Bar Association Litigation Section for over 30 years. Among many teaching positions, Mr. Rudlin has served as adjunct faculty at the University of Virginia School of Law, William & Mary Marshall Wythe School of Law, and the University of Richmond T.C. Williams School of Law. He has lectured extensively at Duke University Law School, American University, Washington and Lee University Law School, and the National Institute for Trial Advocacy.  He currently teaches a course at William & Mary law school entitled Citizen Lawyers:  Lessons in Leadership.

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