Tom Spahn on Conflicts of Interest (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 2.0

MCLE Credit: 2.0 (Ethics: 2.0)
Live-Interactive Credit: 0.0
Price: $149 (Includes a downloadable audio version.)
Viewable Through: 01/31/2024

Information

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
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Schedule

Faculty

ABOUT THE SPEAKER

Thomas E. Spahn, McGuireWoods LLP / McLean

Thomas E. Spahn practices as a commercial litigator with McGuireWoods in Tysons, Virginia. He was selected as the 2013 metro-Washington, DC "Lawyer of the Year" for "Bet the Company Litigation" by The Best Lawyers in America (Woodward/White, Inc.). He has served on the ABA Standing Committee on Ethics and Professional Responsibility, and is a member of the American Law Institute and a fellow of the American Bar Foundation.  Mr. Spahn has written extensively on attorney-client privilege, ethics, and other topics, and has spoken at over 1,400 CLE programs throughout the U.S. and in several foreign countries. He graduated magna cum laude from Yale University and received his J.D. from Yale Law School.

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