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About the Teleseminar  

Co-counsel and referral relationships among attorneys spring naturally in transactional and litigation practice. Increasing specialization in the law often requires referring certain pieces of a transaction to another attorney. Litigation across jurisdictions and joint representations often involve local counsel and co-counsel relationships. These and other arrangements force attorneys to confront a range of ethical issues. Perhaps foremost is the duty of diligence that an attorney is required to perform on the competence of the other attorney before referring work or joining as co-counsel?  Close behind the issue of competence is the issue of how much supervision one attorney must exercise over the other and how they can share fees, if at all. These and other ethical issues in co-counsel and referral arrangements will be discussed in this program.

• Ethics in co-counsel and referral relationships in litigation and transactional practice

• Essential diligence on potential counsel or referral counsel – competence and more

• Ethics of fee splitting and other arrangements – are they allowed?

• Supervisory responsibility of co-counsel – it’s not over after the hand-off

• Confidentiality issues in referral relationships – what can you share and when?

About the Speakers

Brian S. Faughnan is special counsel in the Memphis office of Thomason Hendrix Harvey Johnson & Mitchell, PLLC, where he represents clients in a wide variety of matters at the trial level and on appeal. He counsels lawyers and law firms on a wide variety of issues surrounding legal ethics and professional responsibility. He is the chair of the Tennessee Bar Association’s Standing Committee on Ethics and Professional Responsibility, a reporter for the committee’s rules revision project, a member of the Association of Professional Responsibility Lawyers, and a member of the Media Law Resource Center’s Ethics Committee. Mr. Faughnan received his B.A. from Rhodes College and his J.D., magna cum laude, from the University Of Memphis School Of Law.

Douglas Richmond is Senior Vice President in the Professional Services Group of AON Risk Services, where he consults with the company’s law firm clients on professional responsibility and liability issues. He is a member of the American Law Institute, the American Board of Trial Advocates, the International Association of Defense Counsel, and the Federation of Defense and Corporate Counsel. Mr. Richmond teaches legal ethics at the Northwestern University Law School and is a regular instructor at the National Institute of Trial Advocacy. Mr. Richmond received his B.S. from Fort Hays State University, his M. Ed. from the University of Nebraska, and his J.D. from the University of Kansas.


Mandatory MCLE Credit Hours

This seminar qualifies for 1.0 MCLE credit hour, including up to 1.0 LEPR credit hour. (Tentative)




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