Ethics for Corporate Counsel

MCLE Credits: 2.0
Ethics Credits Included: 2.0

Thursday, September 19, 12:00 p.m. - 2:00 p.m. ET
Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
Monday, September 30, 12:00 p.m. - 2:00 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
MCLE Credit: 2.0 (Ethics: 2.0)
Live-Interactive Credit: 2.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Registration Fee: $150

Information

Why Attend?

  • Understand the rules regarding identifying your client, and protecting confidences
  • Explore the special challenges regarding corporate misconduct and whistleblowers
  • Recognize the overlapping responsibilities of in-house and outside counsel

This CLE will focus on legal ethics issues specifically for and of interest to in-house and outside counsel for organizational clients. Business and commercial lawyers who function as outside counsel to corporations will also find this program useful when dealing with in-house counsel.

Topics to be covered include:

  • Guidelines for Outside Counsel Representing Large Institutional or Corporate Clients

Large organizational clients are increasingly promulgating extensive guidelines and requirements for outside counsel that are representing the organizational client. While most of these guidelines are not objectionable and are even salutary, a few of them raise some ethical concerns, for example:

  • Data Security Requirements and Audits
  • Disaster Planning and Firm Continuity Plans
  • File Retention and Destruction Policies
  • Conflicts and Definition of Client
  • Ethical Problems and Requirements for Conducting an Internal Investigation

This topic covers the ethical issues that arise when corporate counsel is called upon to conduct an internal investigation of a reported wrongdoing by officers or agents of the organizational client that may also be the subject of an outside investigation by law enforcement, including:

  • Corporate counsel’s ethical duty to report wrongdoing within and outside the organization
  • Protecting privileged communications with employees in the course of the investigation
  • Advising employees not to cooperate with law enforcement agents conducting an external investigation of the same matter
  • Avoiding conflicts by clarifying the corporate counsel’s role
  • Communications by law enforcement with employees of the represented organization
  • Communications by an opposing counsel with an organization’s in-house counsel after the organizational client has retained outside counsel
  • Corporate Counsel Pro Bono Legal Services

Rule 1A:5 permits corporate counsel to provide pro bono legal services to Virginia clients even though the corporate counsel is not admitted by examination or on motion to practice in Virginia, so long as corporate counsel is admitted and in good standing in another state.  This section will discuss various ethical requirements and considerations when corporate counsel provides pro bono legal services.

  • The obligation to provide pro bono services—Rule 6.1
  • Establishing a corporate pro bono program
  • Practice area and competency—Rule 1.1
  • Conflicts of interest
  • The attorney-client relationship, scope of the representation, and confidentiality
  • Other special and ethical considerations
 

Discounts available for Virginia CLE webcast-telephone-live seminars Follow link to learn about the Virginia CLE Online Bundle with savings up to 45% Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about discount for New Virginia Lawyers (first 3 years) Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar
Live on Site: Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE (September 19) (Eastern Time)

12:00 Ethics for Corporate Counsel
2:00 Adjourn
  • Sign-in for live seminar attendees in Charlottesville begins at 11:30 a.m.
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

COURSE SCHEDULE (September 30) (Eastern Time)

12:00 Ethics for Corporate Counsel
2:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

ABOUT THE SPEAKERS

 

James M. McCauley, Virginia State Bar / Richmond (Expand/Collapse Bio)

James M. McCauley is the Ethics Counsel for the Virginia State Bar, where he has been employed since 1989, managing the Bar’s legal ethics section and staff counsel to the Standing Committee on Legal Ethics. His department writes the draft advisory legal ethics opinions, proposes amendments to the Virginia Rules of Professional Conduct, and provides informal advice via the “ethics hotline” to members of the bar and bench on matters involving legal ethics, lawyer advertising, and the unauthorized practice of law. Mr. McCauley frequently lectures and publishes on matters relating to legal ethics and the unauthorized practice of law. He taught Professional Responsibility at the T.C. Williams School of Law in Richmond, Virginia, for 15 years, and served on the American Bar Association’s Standing Committee on Legal Ethics and Professionalism from 2008–2011. Mr. McCauley started his career at the bar as an Assistant Bar Counsel for six years, prosecuting cases of attorney misconduct before the District Committees, Disciplinary Board, and Three-Judge Courts. Before joining the Virginia State Bar, he was in private litigation-focused practice for seven years. Mr. McCauley graduated cum laude from James Madison University in 1978, received his law degree from the T.C. Williams School of Law, University of Richmond, in 1982 and was on the University of Richmond Law Review. He served on the faculty of the Virginia State Bar’s Mandatory Professionalism Course from 2004–2010. He is also a Fellow of the Virginia Law and the American Bar Foundations. Mr. McCauley also served on the Board of Governors of the Real Property Section of the Virginia State Bar from 2004–2010. In 2013, he was appointed by the Chief Justice of the Supreme Court of Virginia to serve on its Special Committee on Criminal Discovery Rules. In 2014, Mr. McCauley was elected to the Board of Directors for Lawyers Helping Lawyers. Mr. McCauley is a member of the John Marshall Inn of Court in Richmond, Virginia. In 2018, he was chosen as Leader of the Year by the 2018 Class of Leaders in the Law sponsored by the Virginia Lawyers Weekly.

Michael W. Robinson, Venable LLP / Tysons (Expand/Collapse Bio)

Michael Robinson, former president of the Virginia State Bar, focuses on business and real estate litigation and disputes, enforcement of intellectual property rights, and defense of legal malpractice claims. He frequently appears before the U.S. District Court for the Eastern District of Virginia and Northern Virginia state courts, and has successfully argued appeals in the Virginia Supreme Court, the U.S. Court of Appeals for the Fourth Circuit, and the Court of Appeals for the Federal Circuit. Mr. Robinson also counsels law firms and attorneys regarding legal ethics and the law of lawyering. He has served on the Virginia State Bar Council for eight years and the Executive Committee of Council for three years. He was selected to serve a three-year term on the Board of Directors for the Virginia Law Foundation. Mr. Robinson is the former Chair of the VSB Standing Committee on Legal Ethics, and served on the committee for six years. He previously served on the Faculty of the Virginia State Bar Professionalism Course, and served as Chair of the VSB Special Committee on Bar Bench-Bar Relations. He also has been active in the local Fairfax County Bar Association and previously served as Chair of the Fairfax Bar Association Circuit Court Committee. He frequently presents on matters relating to legal ethics.

Locations, Dates and Fees

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