Ethics Update for Virginia Lawyers 2023

Legal ethics is now one of the most dynamic and difficult areas of law. Every year, there are significant changes to and new interpretations of existing ethics rules, all of which can profoundly affect your daily practice. This seminar will help you keep up to date and avoid potential ethics traps.

TOPIC AGENDA

Review of the Most Significant Disciplinary Cases from the Past Year, Plus Rule and Procedural Changes

• Disciplinary statistics
• Competency, neglect and abandonment of client matters, failure to communicate
• Fraud, deceit, and misrepresentation
• Trust account and fee issues
• Noncompliance with terms
• Criminal conduct and convictions
• Impairment investigations and receiverships
• Appeals

Hot Topics in the Law of Ethics

• LEO 1899—Use of Conversion Clause in Flat Fee Agreements (SCV approved January 6, 2023, effective immediately)
• Amendments to Rule 1A:9, Legal Aid Counsel rule and Part Six, Section IV, Paragraph 3(c) on judicial class membership
• Proposed UPL Opinion 219—Representation by Nonlawyers in ABC Board Proceedings
• Proposed LEO 1893—Representation of Child and “Next Friend” as Plaintiffs in Personal Injury Case
• Proposed LEO 1900—Duty to Disclose Death of Client
• Responding to negative online reviews—Michigan Ethics Opinion R-26; ABA Opinion 496
• Technology—Competence; use of file transfer portals and protecting smartphone data from apps (Pennsylvania Bar Association Formal Opinion 2022-500)
• Technology—Bots and unauthorized practice of law
• ABA Opinion 502—Communication with a Represented Person by a Pro Se Lawyer
• APRL Rule 5.5 proposal on multijurisdictional practice
• Recommendations from health care providers—North Carolina 2022 Formal Ethics Opinion 3

ATTENDING IN PERSON ON APRIL 20 OR OCTOBER 4?

The Bobzien-Gaither Education Center in Richmond/Innsbrook is our new state-of-the-art facility designed with your safety in mind. It features a Centurion air filtration system, which quickly and effectively eliminates viruses and bacteria. Additionally, the facility is thoroughly cleaned before each seminar, and face masks and hand sanitizer will be available.

COVID-19 POLICY FOR LIVE-ON-SITE ATTENDANCE

By attending a live-on-site Virginia CLE^® seminar, you acknowledge the health risks associated with COVID-19 and that you MUST follow all Virginia CLE^® COVID-19 policies. You may NOT attend a live-on-site program if you have tested positive for COVID-19, if you are experiencing COVID-19 symptoms, or if you are under any self-quarantine orders per CDC guidelines.

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.

Inclement Weather Policy and Updates.

COURSE SCHEDULE (April 20) (Eastern Time)

• Sign-in for live seminar attendees in Richmond begins at 10:30 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 (June 26) (Eastern Time)

• 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 (October 4) (Eastern Time)

• Sign-in for live seminar attendees in Richmond begins at 10:30 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 (October 17) (Eastern Time)

• 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 (December 14) (Eastern Time)

• Q&A will be handled via chat room for Webcast attendees.
• Q&A will be handled via e-mail for telephone seminar attendees.

FACULTY

Bernard J. DiMuro, DiMuroGinsberg / Alexandria
Barbara Balogh Saunders, Virginia State Bar / Richmond
Elizabeth K. Shoenfeld, Virginia State Bar / Richmond

ABOUT THE SPEAKERS

Bernard J. DiMuro, DiMuroGinsberg, PC / Alexandria
Bernard J. DiMuro is the managing partner of the Alexandria law firm of DiMuroGinsberg, PC. He represents clients in complex civil litigation and professional responsibility cases. He was formerly a chairman and member of the Eighth District Grievance Committee and chairman of the Virginia Supreme Court Disciplinary Board. Mr. DiMuro also has been a faculty member of the Virginia State Bar Professionalism Course, a member of the VSB Committee to Study the Code of Professional Responsibility, and a president of the Virginia State Bar. He assists business clients and their general counsel in litigation management and in the audit of legal fees and legal services.

Barbara Balogh Saunders, Virginia State Bar / Richmond
Barbara Balogh Saunders is Assistant Ethics Counsel for the Virginia State Bar. She has held this position since June 2001. Ms. Saunders staffs the Ethics Department’s “hotline,” providing ethics advice to members of the Virginia Bar, and also is staff counsel responsible for reviewing and investigating unauthorized practice of law complaints.

Prior to joining the Virginia State Bar, Ms. Saunders was in private practice for twelve years. She was a partner at the law firm of Poindexter & Schorsch in Waynesboro where her practice focused on domestic relations, workers’ compensation, and Social Security disability. Prior to practicing in Waynesboro, Ms. Saunders practiced in Richmond.

Ms. Saunders graduated from Mary Washington College in 1983 with a BA in International Affairs. She graduated from the University of Richmond School of Law in 1989.

Elizabeth K. Shoenfeld, Virginia State Bar / Richmond
Elizabeth Shoenfeld is a Senior Assistant Bar Counsel for the Virginia State Bar, where she investigates and prosecutes ethical misconduct complaints against attorneys practicing in Virginia. Prior to joining the bar in 2015, she had a national litigation practice, focusing on defending automotive manufacturers in product liability actions. Since joining the bar, she has spoken throughout the Commonwealth on a number of ethics-related issues. In her free time, she enjoys running in local races.