A pre-recorded streaming AUDIO replay of the October 2020 webcast, Tom Spahn on Conflicts of Interest.
Course Outline
Conflicts of interest can arise at the commencement of and throughout representation. Learn the rules and what to do. Don’t risk disqualification, discipline, or malpractice claims. Can you answer these questions?
- What is the definition of "client" and “adversity” for conflicts purposes?
- How and when is it possible to handle joint representations?
- If you must withdraw from a representation to cure a conflict, how do you do it?
In order to provide the loyalty, confidentiality, and independent judgment at the heart of every lawyer's relationship with a client, you must be able to identify and resolve potential conflicts of interest that arise at the commencement of and throughout representation. Don’t risk disqualification, discipline, or malpractice claims. Learn the different scenarios in which conflicts of interest may arise and how you should handle them.
In this informative and entertaining program, nationally known ethics expert Tom Spahn uses hypotheticals to explore the basic conflicts of interest rules.
Topics include:
- The general prohibition on adversity to current clients
- The definition of "client" for conflicts purposes
- The definition of "adversity" for conflicts purposes
- The complex rules governing joint representations
- The more subtle standard governing adversity to former clients
- Determining the status of an attorney‑client relationship; application of the "substantial relationship" standard
- "Material limitation" conflicts
- Lawyers’ ability to withdraw from a representation to cure a conflict (including the "hot potato" rule)
- Consents that can cure conflicts
- Disqualification motions based on conflicts of interest