1 Lawyer Mobility in the Context of Corporate Law Departments Presented by: William H. Roberts, Blank Rome LLP Jeremy A. Rist, Blank Rome LLP Kevin M. Passerini, Blank Rome LLP
2 I. Do corporations need to anticipate ethical issues arising from lawyer mobility? II. Could an entire corporate law department be disqualified?
3 I. Lawyer Mobility: The Law Firm Context Do ethical rules pertaining to lawyers moving from one law firm to another law firm also apply to corporate law departments?
4 Corporate Law Departments and The Rules Pennsylvania s and New York s conflicts rules expressly include corporate law departments within their scope: Pennsylvania RPC 1.0(c) defines a firm" or "law firm" as a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization. New York RPC 1.0(h) similarly defines firm" or "law firm as includ[ing], but not limited to, a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a qualified legal assistance organization, a government law office, or the legal department of a corporation or other organization.
5 But how do the conflicts rules apply in the context of corporate law departments?
6 Lawyer Mobility: How the Conflicts Rules Apply in the Traditional Law Firm Context Case #1: Lawyer Moving from Law Firm to Law Firm What s ordinarily done? Conflicts analysis and screening List of the clients the lateral lawyer anticipates may follow and conflicts analysis Information regarding the clients of the previous firm on whose matters the lawyer has recently worked or about whom the lawyer has material information used for screening, consent, and notice purposes
7 Lawyer Mobility: How the Conflicts Rules Apply in the Traditional Law Firm Context Case #1 (continued): Ancillary concepts and practices: Restrict information to the conflict checking staff and the General Counsel s s office Run conflicts checks on the potential new clients Collect information from the lateral and run searches to determine whether the lateral has any material information about the other side of matter the law firm is handling If there s a conflict, get ready to comply with the different versions of Rule 1.10
8 Lawyer Mobility: How the Conflicts Rules Apply in the Traditional Law Firm Context Case #2: Moving from Public Service to a Law Firm RPC 1.11: Special rule regarding lawyers for public agencies and judges (a) Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government: (1) is subject to Rule 1.9(c); and (2) shall not otherwise represent a private client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent to the representation.
9 Lawyer Mobility: Applying the Conflicts Rules in the Traditional Law Firm Context Case #2 (continued): RPC 1.11(b): (b) When a lawyer is disqualified from representation under paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless: (1) the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom; and (2) written notice is promptly given to the appropriate government agency to enable it to ascertain compliance with provisions of this rule.
10 Lawyer Mobility: How the Conflicts Rules Apply in the Traditional Law Firm Context Case #2 (continued): RPC 1.11(c): (c) As used in this Rule, the term confidential government information means information that has been obtained under governmental authority and which, as the time this Rule is applied, the government is prohibited by law from disclosing to the public or has a legal privilege not to disclose and which is not otherwise available to the public. A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom.
11 Lawyer Mobility: How the Conflicts Rules Apply in the Traditional Law Firm Context Case #2 (continued): RPC 1.11(e): 11( (e) As used in this Rule, the term matter includes: (1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties; and (2) any other matter covered by the conflict of interest rules of the appropriate government agency.
12 What Lawyer Mobility Ethics Compliance Presupposes Key rules: 1.9 (duties to former clients and conflicts) 1.10 (lawyers moving between firms and imputation of conflicts) Conflicts databases listing all existing and former clients and adverse parties in all matters Staff trained to analyze the results of conflicts searches Lawyers assigned to apply the applicable ethical rules to the facts of each case and to resolve conflicts through consents, screens, and notices, where required Imputation ti principles i
13 Parallel Scenarios for the In-House Lawyer or Corporate Law Department Lawyer moving from one corporate law department to another corporate law department: Rule 1.10, Rule 1.9 Lawyer moving from private law practice to a corporate law department: Rule 1.10, Rule 1.9 Lawyer moving from a corporate law department to a private law firm: Rule 1.10, Rule 1.9 Lawyer moving from public service to a corporate law d R l 111 department: Rule 1.11
14 7th Annual Emerging Issues for In-House Counsel How Can Corporate Law Departments Vet Lateral Lawyers under the Conflicts Rules? Parallels with law firm practice BIG DIFFERENCE With corporate law departments, there is only one new client Caveats: What about the members of the corporate family? What about when there is a corporate restructuring restructuring, merger merger, acquisition, or other transaction? Other issues remain
15 What Compliance by a Corporate Law Department Presupposes As Pennsylvania s and New York s Rules define law firm and firm, Rule 1.10 applies to corporate law departments See also PA RPC 1.10, Comment 1; NY RPC 1.10, Comment 1 New York s Rules add an express written record requirement: RPC 1.10(e): A law firm shall make a written record of its engagements, at or near the time of each new engagement, and shall implement and maintain a system by which proposed engagements are checked against current and previous engagements. Although mandatory in New York, a written record may be required under the Pennsylvania Rules, too See PA RPC 1.7 & Comment 3 ( reasonable procedures )
16 But what if there is no actual conflict? 7th Annual Emerging Issues for In-House Counsel Because they fall within the Rules, corporate law departments still must keep abreast of potential conflicts And New York s written record requirement applies regardless of whether there is an actual conflict: RPC 1.10(f): Substantial failure to keep records or to implement or maintain a conflict-checking system that complies with paragraph (e) shall be a violation thereof regardless of whether there is another violation of these rules.
17 7th Annual Emerging Issues for In-House Counsel What Written Record of Its Engagements is Required q for Corporate p Law Department p Compliance? Possibilities: A listing of the identities of current adverse parties in all transactional and litigation matters A listing including similar information for the corporate family
18 Compliance Problems Consent Jurisdictions: What if the lateral l lawyer has already resigned when it develops that t a consent is required? Does the term its engagements mean a record of the corporation s adverse parties? Does it mean only current adverse parties, or could historically adverse parties also be relevant? What happens when there s a corporate restructuring, merger, acquisition, or other transaction?
19 7th Annual Emerging Issues for In-House Counsel What Conflict-Checking, If Any, Should Corporate Law Departments Consider? Process to vet incoming lateral lawyers using a database of matters and adverse parties the company maintains on an ongoing basis If parties are added in litigation or in negotiations, do you need re run the conflicts analysis? to re-run
20 What Conflict-Checking, If Any, Should Corporate Law Departments Consider? Request information from lateral lawyer candidates Screening and notices Caution: Watch out for the New York s consent requirement and issues concerning corporate families of RPC 1.10
21 Corporate Law Department Scenarios Lateral lawyers coming from a corporate law department: Request information from lateral lawyer sufficient to determine whether the former employer is adverse in any current matters, the nature of the lateral lawyer s involvement in the matters, and whether the lateral l lawyer has any "material information about the matters Lateral lawyers coming from a law firm: 7th Annual Emerging Issues for In-House Counsel Request information from lateral lawyer sufficient to determine the nature of the lateral lawyer s involvement in any currently adverse matters and whether the lateral lawyer has material information relating to any currently adverse matters by reason of the lateral lawyer s involvement or the firm's representation of the adverse party
22 International Contexts What if my law department is international in scope and there is no counterpart in Europe or Asia to the duty of loyalty, but there is still sensitivity to misuse of confidential information? Since the RPC 1.10 requirements are also for the purpose of protecting material confidential information, a central concern of foreign lawyer ethics (UK, Hong Kong, et al.), anticipate that there may be an issue under foreign lawyer ethics rules.
23 Analyzing Case #1 in the Context of Corporate Law Departments Play on Case #1: The former in-house counsel of a competitor of the corporation is joining your law department Vetting for conflicts under Rule 1.10 Should you screen and notify? Could a lateral lawyer s contractual non-disclosure obligations limit the disclosures necessary for your company to conduct a conflicts analysis? Example: The potential lateral candidate s employer is preparing a complaint against your company and the candidate has been involved Is consent for the former employer required under any circumstances? What if consent cannot be obtained, and the lateral resigned already? Implications under Rule 1.9(c)
24 Analyzing Case #2 in the Context of Corporate Law Departments Play on Case #2: Your assistant general counsel is joining a private law firm that represents or may, in the future, represent parties adverse to your company If there is currently adversity, has the firm provided notice and screened? Request information regarding screening to ascertain firm s compliance If there is only the potential ti for future adversity, how would you know when adversity arose, and would you know soon enough? If the law firm requests your company s consent, should consent be provided? On what conditions, and what about the scope of the consent?
25 Analyzing Case #2 in the Context of Corporate Law Departments t Variation: Rather than joining a law firm, your assistant general counsel joins the law department of a company that is or, the future, may be on the other side of commercial transactions or litigation involving your company Concerns under Rule 1.9(c) Parallels with Case #2
26 Back to the Written Record What kind of record-keeping must a corporate law department have in order to comply with the Rules? What written record system might be appropriate? Is it practical for the company? What are the potential ti remedies for failure to comply? Discipline Suits by former clients (or employers) against the lawyer for breach of the duties of confidentiality and for breach of fiduciary duty/malpractice Suits against the corporate employer of the lateral lawyer for aiding and abetting breach of fiduciary duty or tortious interference? Disqualification of a law department? How would disqualification actually play out in the matter?
27 Insurance Coverage? Would you be protected by insurance if you were sued in a situation like those we have discussed? No insurance coverage under the former law firm s professional liability insurance policy because policies i normally only cover acts committed while at the law firm Coverage would depend on whether your new corporate employer has professional liability insurance coverage or another form of coverage that would cover these violations Is the corporation covered against claims by third parties arising from mishandling of lawyer mobility issues?
28 II. Any Risk of Corporate Law Department Disqualification? Law firms are frequently subject to motions to disqualify, and they are sometimes granted Typical grounds for disqualification of a law firm: Concurrent conflict of interest under Rule 1.7 Conflicts with former client under Rule 1.9
29 What about Non-Law-Firm Law Departments and Corporate Law Departments? THE RESTATEMENT (THIRD) OF THE LAW GOVERNING LAWYERS 123: Comment d(i): Corporate Legal Offices. No case authority has been found. The Comment agrees with and follows the doctrine suggested in the ABA Model Rules of Professional Conduct (1983). Rule 1.10, Comment 2. Comment d(ii): The position taken in the Section and Comment is that imputation is appropriate if either organization or physical working relationships warrant.
30 What about Non-Law-Firm Law Departments and Corporate Law Departments? As to other kinds of in-house law departments, however, especially government legal offices, imputation has been found, and effective disqualification or its equivalent has occurred Government legal offices in general: See, e.g., State v. Dean Foods, Prod. Co., 605 F.2d 380 (8th Cir. 1979) (lawyer moving to state office from private practice personally disqualified and disqualification imputed to the government office)
31 What about Non-Law-Firm Law Departments and Corporate Law Departments? Prosecutors offices: Compare United States v. Caggiano, 660 F.2d 184 (6th Cir. 1981) (defense attorney joined U.S. Attorney s office; no imputation and no disqualification) with State v. Tippecanoe County Court, 432 N.E. 2d 1377 (Ind. 1982) (office disqualified when elected chief prosecutor had represented defendant in prior convictions) and State v. Chambers, 524 P.2d 999 (N.M. Ct. App. 1974) (entire office disqualified) Public defenders offices: See, e.g., Commonwealth v. Westbrook, 400 A. 2d 160 (Pa. 1979) (imputation) Nonprofit legal services offices: See, eg e.g., Flores v. Flores, 598 P.2d 893 (Alaska 1979) (Alaska Legal Services failed to ensure sufficient separation)
32 Anticipating and Defending against Potential Disqualification Typical grounds for defense under Rules 1.9 (former clients) and 1.10 (imputation): Lateral lawyer had no involvement in adverse matters Lateral lawyer had involvement, but lateral lawyer did not have access to material information in adverse matters or regarding adverse party Proper screening and notice
33 Offensive Use of Disqualification against Opposing Counsel and Other Law Departments Keep an eye out for where your former lawyers end up: Are they in an opposing law firm? Are they in an opposing corporate law department? Promptly pyinform outside counsel of potential adversity of former inhouse lawyers Litigation i i and transactional What about also informing the other law department or the adversary s counsel?
DELAWARE STATE BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS Opinion No. 1989-5 BACKGROUND The Committee has been asked whether the Delaware Lawyers Rules of Professional Conduct (Rules) prohibit an
Brian W. Perry, Esq. PSWZ Law Firm Harrisburg David J. Freed Cumberland County District Attorney Carlisle Thomas J. Farrell Farrell and Reisinger, LLC Pittsburgh A lawyer shall not represent a client if
Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent
COMMONWEALTH OF PENNSYLVANIA GOVERNOR S OFFICE OF GENERAL COUNSEL Policy of Pennsylvania Department of Education, Office of Chief Counsel, to Avoid Commingling of Functions in Administrative Proceedings
Business Ethics Issues in Oregon and Washington: A Tale of Three Cases Mark J. Fucile Stoel Rives LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 503.294.9501 firstname.lastname@example.org 1 This paper discusses
Comparison of Newly Adopted Utah Rules of Professional Conduct with ABA Model Rules UTAH Rules as adopted by Utah Supreme Court to be effective 11/1/05. Changes to Rules 1.12 and 2.4 effective 11/1/06.
Conflicts of Interest Issues in Simultaneous Representation of Employers and Employees in Employment Law Janet Savage 1 Plaintiffs suing their former employers for wrongful discharge or employment discrimination
April 1, 2015 Making It To The Finish Line & How Not To Stumble Over Your Ethical Obligations When Handling Internal Investigations, Whistleblower Complaints & Social Media A Presentation to ACC-GNY Kathleen
NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12 A LAWYER IS NOT PROHIBITED BY THE RULES OF PROFESSIONAL CONDUCT FROM SIMULTANEOUSLY SERVING AS PART-TIME COUNTY ATTORNEY OF ONE NEBRASKA COUNTY AND
91 THE AMERICAN LAW INSTITUTE Continuing Legal Education Estate Planning for the Family Business Owner Cosponsored by the ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation
ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT Mark J. Oberti Oberti Sullivan LLP 723 Main Street, Suite 340 Houston, Texas 77002 (713) 401-3556 email@example.com Edwin Sullivan Oberti Sullivan LLP 723 Main
Ethical Considerations for the Estate Attorney Trusts and Estates Practice is Difficult to Categorize Clients are generally older, but many younger people are planning for retirement and family members.
Pretrial Practice 2015 4:00 P.M. PANEL TOPIC SETTLEMENT AGGREGATE SETTLEMENT CONCERNS May 12, 2015 New York, New York Kelly Strange Crawford, Esq. AGGREGATE PROCEEDINGS Class Actions SINGLE LAW SUIT PROCEEDING
KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW SCR 3.130(1.8) Conflict of interest: current clients; specific rules (a) A lawyer shall not enter into a business transaction
Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different? By Roseann B. Termini, Esq. firstname.lastname@example.org www.fortipublications.com
KBA Bench & Bar, May 2006, Volume 70, Number 3 What Do Hot Potato Clients Have in Common With Thrust Upon Clients? One Heck of a Conflict of Interest Dilemma Conflicts of interest problems are the hardest
ETHICAL CONSIDERATIONS FOR THE HOMEOWNERS ASSOCIATION AND CONDO ASSOCIATION ATTORNEY Presented May 13, 2005 Advising Homeowners and Condominium Associations Washington State Bar Association By Joseph P.
Lawyers as Gatekeepers The SEC s New Focus on Inside and Outside Counsel Julie M. Allen Frank Zarb National Conference of the Society of Corporate Secretaries and Governance Professionals June 28, 2014
CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE The Delaware Paralegal Association advocates that paralegals have an ethical and professional responsibility in the delivery
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
Caught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers Robert A. Shults Jacob A. DeLeon McFall, Sherwood & Breitbeil, P.C. Houston, Texas Within the tripartite relationship,
RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]
1 1 1 1 1 BOURNE INTERNATIONAL, INC., v. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON Plaintiff, CHET STOLER; SOUTH SEAS TRADING CO., Defendants. STIPULATION NO. C0-0RJB PROTECTIVE ORDER
Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we
Drafting the Joint Defense Agreement (with Sample Provisions) Daralyn J. Durie Joint defense agreements have some obvious advantages, but some not-so-obvious disadvantages. If you plan to enter into one,
ORANGE COUNTY BAR ASSOCIATION Formal Opinion 2011-01 (Collaborative Family Law) Issue: Can a family lawyer enter into a collaborative law agreement consistent with her ethical duties, notwithstanding the
The Role of Defense Counsel in Ineffective Assistance of Counsel Claims I. Every criminal defense lawyer will, at sometime or another, be challenged as ineffective it comes with the territory. It is natural
Out-Of-State Law Firms In A New York State Of Mind Devika Kewalramani and Jordan Greenberger Think twice before opening an office in New York. And both times you think, think about the ethics rules. Devika
Nebraska Ethics Advisory Opinion for Lawyers No. 91-3 I. AS COUNSEL FOR A PLAINTIFF, AN ATTORNEY MAY NOT ETHICALLY INTERVIEW PRESENT OR FORMER EMPLOYEES OF A DEFENDANT CORPORATION IF: (a) THE EMPLOYEES
Applicability Effective 1/1/2014 Hawaii U.S. District Court L.R. 83.3 Federal Agencies Patent and Trademark Office (Part II, Subpart D) Securities and Exchange Commission (17 CFR Part 205) Highlights Client
DALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015 By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey.com A. Lawyers owe their clients a fiduciary duty. Breach of fiduciary duty
Interactive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients This Agreement is entered into between Interactive Brokers Hong Kong Ltd ("IB") and the undersigned
N.J.L.J. N.J.L. Advisory Committee on Professional Ethics Appointed by the Supreme Court of New Jersey OPINION 709 Advisory Committee on Professional Ethics Conflict of Interest: Municipal Police Officer
UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED Senate Bill 714 (as enacted) PUBLIC ACT 159 of 2014 Sponsor: Senator Tonya Schuitmaker Senate Committee: Judiciary House Committee: Judiciary
FORMAL OPINION NO. 2009-181 Government Lawyer Employment Negotiations Facts: Lawyers A and B and Judge C are interested in employment with the Oregon Department of Justice (DOJ). Lawyer A is a hearings
Insight from Carlton Fields Serving Two Masters: of Bond Sureties By Wm. Cary Wright; Matthew R. Cogburn; J. Derek Kantaskas In construction litigation, principals and sureties on payment and performance
Legal Ethics Practical Tips from Where else?... Practice Presented by: Mark C. Dosker email@example.com Corporate Miranda or Upjohn Warnings Issues Facing Counsel at the Onset of an Internal
Comparison of Newly Adopted New Hampshire Rules of Professional Conduct with ABA Model Rules NEW HAMPSHIRE New rules as adopted by New Hampshire Supreme Court to be 1/1/16. Variations from the Model Rules
AS APPROVED BY CONVOCATION, MARCH 25, 2004 (new/amended rules and commentary for rule 2.02) When Client an Organization (1.1) Notwithstanding that the instructions may be received from an officer, employee,
November 2007 DRI For the Defense Inside Counsel: The Attorney-Client Privilege Within Law Firms By Mark J. Fucile Fucile & Reising LLP In recent years it has become increasingly common for a designated
ETHICS IN EMINENT DOMAIN: NEW OREGON LANDSCAPE ON JOINT REPRESENTATION ---------- Oregon Eminent Domain Conference Portland June 4, 2015 Mark J. Fucile Fucile & Reising LLP Portland Union Station 800 NW
CHAPTER 7 ETHICAL AND MALPRACTICE ISSUES IN PROBATE ADMINISTRATION by Mark J. Fucile Fucile & Reising LLP 115 NW First Ave., Suite 401 Portland, OR 97209 503.224.4895 firstname.lastname@example.org www.frllp.com How to
BUYING AND SELLING A BUSINESS Joanne M. Murray, Esquire Antheil Maslow & MacMinn, LLP 131 West State Street Doylestown, PA 18901 215-230-7500 Telephone 215-230-7796 Facsimile BUCKS COUNTY BAR ASSOCIATION
NAPD Formal Ethics Opinion 14-1 Social workers and other healthcare professionals may not report child or elder abuse without the express contemporaneous permission of the lawyer for whom they are doing
Rules on Job Hunting And Post-Government Employment Prepared By: The Fort Knox Office of the Staff Judge Advocate Administrative Law Division 50 Third Ave Fort Knox, KY 40121 (502) 624-7414 * Special acknowledgment
CHAPTER 7 RELATIONSHIP TO THE SOCIETY AND OTHER LAWYERS Page 97 7.1 RESPONSIBILITY TO THE SOCIETY AND THE PROFESSION GENERALLY Communications from the Society 7.1-1 A lawyer must reply promptly and completely
Ethical Considerations for Tribal Lawyers and Judges The 19th Annual Tribal Law and Government Conference The Future of Indian Education University of Kansas March 13, 2015 Elizabeth Ann Kronk Warner Associate
APPLICATION TO THE SACRAMENTO COUNTY BAR/ INDIGENT DEFENSE PANEL (IDP) 1. Read the enclosed summary of Program Description, Trial Requirements, Rules, Application, Agreement and Authorization and Release
THE DELAWARE LAWYERS' RULES OF PROFESSIONAL CONDUCT (Effective July 1, 2003 and current through amendment to Rule 1.15 approved by the Court on Feb. 16, 2010, which appears in bold and becomes effective
In-House Insurance Defense Counsel Permissible Cost-Saving Measure or Impermissible Conflict of Interest? by Nathan Price Chaney Why have In-House Counsel? From Company s point of view: Control Effective
RUNNING THE ETHICAL OBSTACLE COURSE: JOINT DEFENSE AGREEMENTS Todd M. Sahner * The general counsel of one of your long-time corporate clients asks you to defend his company in a significant multi-party
PUBLIC DEFENDER EXCESSIVE CASELOAD LITIGATION IN MIAMI-DADE COUNTY, FLORIDA I. INTRODUCTION Parker D. Thomson Julie E. Nevins Hogan & Hartson LLP 1. In the past 18 months, the Public Defender for the Eleventh
Nebraska Ethics Advisory Opinion for Lawyers No. 92-2 A LAWYER MAY REPRESENT A CRIMINAL DEFENDANT IN A CASE IN WHICH THE ATTORNEY'S SPOUSE WAS EMPLOYED BY THE SHERIFF'S DEPARTMENT IF NO ACTUAL CONFLICT
Sharing Information and Due Process Arizona Problem Solving Courts Conference May 14, 2013 Introductions Barbara Marshall, Division Chief, Juvenile Crimes Division, Maricopa County Attorney s Office Michelle
BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL Petitioner v. No. 111 DB 2015 Attorney Registration No. 25873 DONALD P. RUSSO Respondent (Northampton County)
LEGAL ETHICS OPINION 1712 http://www.vacle.org/opinions/1712.txt TEMPORARY LAWYERS WORKING THROUGH A TEMPORARY PLACEMENT SERVICE You have presented a hypothetical situation in which a staffing agency recruits,
Michael K. Jeanes, Clerk of Court *** Electronically Filed *** 10/28/2011 8:00 AM HONORABLE DEAN M. FINK CLERK OF THE COURT S. Brown Deputy STATE OF ARIZONA, et al. THOMAS C HORNE MARY JO FOSTER v. COLLEEN
A. Under GRPC 1.6, a lawyer MUST disclose information, even if gained in the professional relationship with a client and even if no law requires the lawyer to do so, if necessary to prevent: 1. Death 2.
TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 Glenn R. Funk 117 Union Street Nashville, TN 37201 (615) 255-9595 ETHICS IN DUI DEFENSE
Page 1 of 5 Portfolio Media. Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 email@example.com Obtaining Indemnity Through Effective
INFORMAL NEBRASKA ETHICS ADVISORY OPINION No. 12-08 A LAWYER IS NOT PROHIBITED BY CONFLICT OF INTEREST RULES FROM REPRESENTING A TRUSTEE WHO IS ALSO A BENEFICIARY OF THE TRUST WHEN THERE IS A DISPUTE WITH
LEGAL ETHICS OPINION 1712 TEMPORARY LAWYERS WORKING THROUGH A TEMPORARY PLACEMENT SERVICE. You have presented a hypothetical situation in which a staffing agency recruits, screens and interviews lawyers
Nebraska Ethics Advisory Opinion for Lawyers No. 09-03 IF THE VICTIM IN A CRIMINAL CASE THAT A COUNTY ATTORNEY IS PROSECUTING HAS RETAINED COUNSEL TO REPRESENT HIM IN A CIVIL CASE ARISING FROM THE SAME
I. STATEMENT OF PURPOSE This Employee Code of Ethics (the Code ) is intended to set forth, and govern, the ethical conduct of all individuals employed by Montgomery County (the County ). In addition to
FORMAL OPINION NO 2015-190 Lawyer Indemnification of Defendant for Failure to Reimburse, or Set Aside Sufficient Funds to Reimburse Third Party Payer for Medical Expenses Already Advanced, or for Future
CLS Investments, LLC Instructions for the Solicitor Application and Agreement Please complete all fields on page 1 of the Solicitor Application and Agreement. Some general guidelines are set forth below.
ngagement Letters EA GUIDE FOR PRACTITIONERS Second Edition 2007 Funded by the American College of Trust and Estate Counsel ( ACTEC ) Foundation. ACTEC is a registered trademark of The American College
Professional Liability Conflicts of Interest By Karen Painter Randall and Andrew Sayles Informed Consent and Legal Malpractice Obtaining a valid waiver for a conflict involves many subjective assessments
Inquiry Concerning A Florida Lawyer This pamphlet provides general information relating to the purpose and procedures of the Florida lawyer discipline system. It should be read carefully and completely
The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question
Presenting a live 90-minute webinar with interactive Q&A Overcoming Ethical Challenges for Multi-Firm Lawyers and Their Firms: Fiduciary Duty, Conflict, Fee-Splitting and More TUESDAY, SEPTEMBER 16, 2014
STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS STANDARD In appropriate circumstances, a provider may offer pro se litigants assistance or limited representation at various stages of proceedings. COMMENTARY
CHAPTER 4 ETHICAL ISSUES FOR THE LEGISLATIVE LAWYER Ross Fischer Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2500 W. William Cannon, Suite 609 Austin, TX 78745 (512) 279-6431 mailto:firstname.lastname@example.org
IN THE COURT OF APPEALS OF MARYLAND R U L E S O R D E R This Court s Standing Committee on Rules of Practice and Procedure having submitted a Letter Report to the Court recommending adoption of proposed
HOW TO HANDLE A WHISTLEBLOWER REPORT IN THE EU 10 April 2014 Monica Salgado Advogada registered with the Portuguese Ordem dos Advogados Registered European Lawyer with the SRA Kirsti Laird Solicitor, (qualified
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES 1. Description. The Superior Court of California, County of Orange (Court), offers a voluntary civil mediation program for
January 2006 WSBA Bar News Ethics & the Law Column Keeping Counsel: The Attorney-Client Privilege within Law Firms By Mark J. Fucile Fucile & Reising LLP Imagine this scenario: You are handling a hard-fought
Rule 110. Self-Help Programs (Minnesota General Rules of Practice for District Courts) 110.01 Authority for Self-Help Programs A District Court for any county may establish a Self-Help Program to facilitate
ETHICAL SCENARIO #3 I. FACT PATTERN A Saskatchewan law firm ( SK Firm LLP ) acts on behalf of an out of province (e.g. national) corporation (the Corporation ). SK Firm LLP s role has been solely to file
Kent H. Whitmer (Kent@whitmerlawfirm.com) William G. Berry (Will@whitmerlawfirm.com) P.O. Box 38 129 E. Byers Ave. Hot Sulphur Springs, CO 80451 www.whitmerlawfirm.com 970.725.3460 Sent Via Email to: XXXXX