When Reporting on your SC Commission Compliance Report, please use this code: 184663ADT

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About the Teleseminar    

Ethical tensions are perhaps never as great as when a lawyer is in dispute with a client. The dispute may arise over fees, communication issues, perceived conflict of interest, or something else.  In these and other circumstances, the lawyer’s duties of loyalty, zealous representation and confidentiality are all brought into direct conflict with the lawyer’s interest in self-defense.  In these extremely delicate circumstances, the lawyer must determine what information may disclosed in his or her self-defense – and its impact on the attorney-client privilege – and what steps he or she can take to de-escalate the conflict.  This program will provide you with a real-world guide to the ethical issues for a lawyer when he or she is in conflict with a client.

  • Ethical issues when lawyers have a dispute with a client
  • Disputes involving lawyers’ fees, communications, unfavorable result of representation, conflicts of interest, malpractice claims
  • Confidentiality and self-defense – what disclosure of confidences is permissible?  
  • Use of waivers and engagement letters to anticipate and foreclose disputes – or limit their damage
  • Permissible and mandatory withdrawals from a representation
  • Special attorney-client privilege issues in these disputes  

About the Speaker

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.   

Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE Credit Hour, including up to 1.0 LEPR Credit Hour

(Instruction Level: Intermediate)*Live Teleseminar programs are not live credit programs.  Supreme Court Commission on CLE rules allow SC Bar members to use Alternatively Delivered programming to obtain up to 6.0 hours of MCLE each reporting period.   For FAQ’s please click here.