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About the Teleseminar
Conflicts between lawyers and their clients arise in a wide range of circumstances, not only in traditional conflicts analysis. Transactional lawyers may have an opportunity to join in a lucrative business venture of a client. Litigators may have differences of opinion with a client about how or when to settle a case. Estate planners may be offered gifts in the form a bequest from a client. Any of them may sit on a board of directors of a profit-making or a nonprofit organization which puts the lawyer in the uncomfortable position of conflicting loyalties or soliciting funds, respectively. In these and many other ways, conflicts arise between lawyers and their clients, potentially causing ethical violation and liability. This program will provide you with a practical guide to how ethics rules apply in a wide range of circumstances in which lawyers have conflicts with their clients.
Day 2 – February 14, 2014:
- Lawyers testifying as witnesses – conflicts and the attorney-client privilege
- Settlement of litigation – attorney and client decisions and conflicts
- Duty to disclose malpractice and settlement of disputes with clients
- Duties to former clients, including ownership of files and disputes when clients won’t pay your fees
- Working with clients with diminished capacity and decision-making authority
About the Speakers
Sue C. Friedberg is a partner in the Pittsburg office of Buchanan, Ingersoll & Rooney, PC. She is associate general counsel of the firm and responsible for guiding its attorneys in meeting the standards of ethical law practice. She supervises the firm's conflicts of interest review process and new business intake functions, and provides counsel for the firm as a business entity. Earlier in her career, she focused on corporate finance, securities law, and general business transactions. Ms. Friedberg earned her B.S., magna cum laude, from Georgetown University and her J.D., cum laude, from the University of Pittsburg School of law.
William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management. He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years. He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com. Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.
Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections. For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.
Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE Credit Hour, including up to 1.0 LEPR Credit Hour