Certain aspects of practice can pose unsuspected pitfalls for a lawyer or law firm. Failure to recognize or deal with problems in an informed, professional manner can lead to disciplinary or even malpractice exposure, to say nothing of lost time and difficult interpersonal relations.
Presented by James Kobak and Michael Salzman of Hughes Hubbard & Reed, this program explores several areas where even experienced lawyers and sophisticated law firms sometimes display ignorance or inattention to their ethical responsibilities or the practical ramifications of their conduct. These areas include the special considerations for dealing with self-represented adversaries, and for representing or interacting with witnesses now or formerly employed by an organization which the lawyer represents or is an adversary. This program will review common mistakes in these areas and how to be aware of them and correct them.
Another area to be addressed will be the problem adversary who may skirt his or her ethical obligations. The program will seek to explore practical and effective means for dealing with such adversaries. The delicate subject of client expectations and difficult clients will also be explored, including the inconsistencies between client’s and lawyer’s standard terms of engagement.
JAMES B. KOBAK, JR. serves as General Counsel at Hughes Hubbard & Reed LLP where he chairs its Practice Standards, Procedures and Ethics Committee and formerly chaired its Antitrust Practice Group.
He is a member of the ABA Center for Professional Responsibility, the Ethics Institute and Ethics Committee of the New York County Lawyers Association, the Committee on Standards of Attorney Conduct of the New York State Bar Association, the Professional Discipline Committee of the New York City Bar Association and the Association of Professional Responsibility Lawyers. Mr. Kobak is a past president of the New York County Lawyers Association. Mr. Kobak serves as one of two editorial advisors to the New York ethics treatise published by Oxford University Press and on the editorial advisory board of Law 360 Legal Ethics. He was a founder ofNYCLA's American Inn of Court and was awarded NYCLA's Boris Kostelanetz President's Medal in 2006.
Mr. Kobak is a graduate of Harvard College and the University of Virginia Law School where he was the Associate Editor of the Law Review. Mr. Kobak served as lead counsel to the SIPA Trustee for the liquidations of Lehman Brothers Inc. and MF Global, Inc. He taught seminars on antitrust/intellectual property issues for over a decade at Fordham and University of Virginia Law Schools and served as editor of the ABA Antitrust Sections' publication Intellectual Property Misuse: Licensing and Litigation.
MICHAEL E. SALZMAN is the General Counsel of Hughes Hubbard & Reed LLP, where he has practiced since 1979. In that role his duties include ethics and professionalism training for new lawyers and as continuing legal education, as well as serving as Chair of the Firm’s Practice Standards, Procedures, and Ethics Committee. His litigation practice has focused on antitrust law, art law, copyright law, and intellectual property disputes. Mr. Salzman serves on the Ethics Committee of the New York City Bar, where he was previously a member of the Antitrust, Art Law, and Copyright and Literary Property Committees. He is chair of the Audit Committee of New York Lawyers for the Public Interest and a member of the Executive Committee of Volunteer Lawyers for the Arts. Mr. Salzman is a graduate of Yale College (B.A. magna cum laude) and Harvard Law School (J.D. cum laude).
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