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.

Click here for details about the Virginia CLE^® COVID-19 policy. Please revisit the webpage routinely for updates as we are monitoring the evolving COVID-19 situation. All updates to this policy will be emailed to registrants.
(Last updated March 2, 2022)

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 (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

Renu M. Brennan, Virginia State Bar / Richmond
Bernard J. DiMuro, DiMuroGinsberg / Alexandria
Emily Hedrick, Virginia State Bar / Richmond
Elizabeth K. Shoenfeld, Virginia State Bar / Richmond

ABOUT THE SPEAKERS

Renu M. Brennan, Virginia State Bar / Richmond
Renu Brennan is the Bar Counsel for the Virginia State Bar. She served as Deputy Executive Director of the VSB from 2016 to 2018, and as Assistant Bar Counsel for the Bar from 2008 to 2016. Ms. Brennan is Secretary of Lawyers Helping Lawyers and is a member of the ABA Standing Committee on Client Protection. She was a faculty member for the Virginia State Bar Harry L. Carrico Professionalism Course from 2008 to 2011, and she has been a member of the Board of Directors of the Asian Pacific American Bar Association of Virginia since 2007. She also served as co-chair of the Judicial Nominations Committee of APABA-VA from 2009 to 2011. Ms. Brennan participated as an instructor in the Virginia Bar Association’s Rule of Law program. Prior to coming to the Bar, she was a partner with the firm of Vandeventer Black, LLP, where she handled professional malpractice and commercial litigation. From 1998 to 2004, Ms. Brennan was with the firm of Wright, Robinson, Osthimer & Tatum in Richmond, Virginia. She is licensed in Virginia, the District of Columbia, and California, where she practiced in Los Angeles. She holds a bachelor’s degree from the University of Virginia and a law degree from Boston University School of Law.

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.

Emily Hedrick, Virginia State Bar / Richmond
Emily Hedrick is Ethics Counsel for the Virginia State Bar and has been at the Bar since 2011. She currently serves as a staff liaison to the Standing Committee on Legal Ethics, the Special Committee on Technology and the Future Practice of Law, and recently concluded work with the Practice Management Task Force. She also drafts advisory ethics opinions and provides informal ethics advice to members of the bar through the ethics hotline.

Before joining the VSB, Ms. Hedrick was a law clerk fellow at the Supreme Court of Virginia Office of the Chief Staff Attorney. She has a BA in philosophy from the University of Virginia and a JD from the UVA School of Law.

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.