Dealing with Conflicts

Production Date: January 18, 2017 Practice Areas: Ethics Estimated Length: 3754 minutes


$ 59 Ethics In Stock

Conflicts of interest have become more acute and more complex with the growth of law firms, the globalization and increase in concentration of many industries and a no-holds-barred approach to litigation. The consequences of a conflict can be severe: loss of clients and damage to reputation, loss of fees, exposure to sanctions and even malpractice liability. Some conflicts arise from causes such as a misunderstanding of the rules or sloppiness in conflict checks. Some derive from work done by lateral hires, perhaps many years in the past, or may be imputed to a firm from the conduct of co-counsel or consultants.

The ethics rules in the United States are stricter than in many other parts of the world and mean that conflicts may arise for completely unrelated matters where it is unlikely that any serious harm, breach of confidence or lack of loyalty exists. Even these minor or more technical conflicts may have serious consequences for both lawyer and counsel, however.

In addition to understanding the basic conflicts rules and their permutations and exceptions, it is important to understand the possible methods for avoiding or dealing with them as well as the approaches the courts may take to them. Many factors and interests may be considered in the litigation setting; these include the importance of client choice of counsel, distaste for litigants seeking unfair tactical advantage, timing, public perception and the fairness and efficiency of trials.

This program will discuss both the basic ethics and professional responsibility rules and the approaches to conflicts taken by outside and corporate counsel in engagement letters and client guidelines as well as resolutions reached in recent court decisions.

Learning Objectives: 
  1. Identify conflicts and the problems they present

  2. Explain the ethics rules and underlying concepts and policies

  3. Analyze how the ethics rules apply and the exceptions or alternatives to them

  4. Explore possible solutions and alternative approaches

Gerald C.
Cayucos, CA


G. Peter B.
Overland Park, KS

Well done. I learned a lot about a topic I don't confront very often.

Douglas R.
Pound Ridge, NY

Very well Done - great speaker

Dave D.
Danville, CA

Nice class

Robin E.
Orange, LB

The written materials and numerous citations to applicable case law were excellent.

Erin H.
Temple Hills, MD

Really good, substantive, helpful course by a good presenter.

Colin Michael B.
Albuquerque, NM

I would have preferred if he had spent a bit more time on the Macy v. JC Penny case and even a bit more on joint representation. Overall presenter was very well-informed.

Lance H.
Tacoma, WA

easy to follow. very thorough. good presentation!

W. Michael M.
Jersey City, NJ

Comprehensive and articulate

Amanda C.
Ridgewood, NJ

Informative, thank you!

John B.
Huntington, NY

thank you

William F.
Rio Grande, NJ

Well Done

Douglas F.
Jupiter, FL

Excellent presentation and great pdf cites for future use.

Linda H.
Canyon Country, CA


Torrey H.
Saint James, NY

very informative course

Kevin S.
Ogden, UT

Enjoyed the course

Batya W.
Bloomfield, NJ

I thought the instructer was great.

Randy S.
Overland Park, KS

Direct and to the point.

Keith H.
New York, NY

This is an excellent program - very substantive and very important to any practicing lawyer. The speaker's style was low-key but I liked him and it was very clear that he really knew the material. I also liked that he had personal opinions about some of the rules and court decisions. His opinions were thought-provoking. I can going to recommend that others in my firm take this particular course.

Linda R.
Roslyn Heights, NY

Very knowledgable attorney who clearly shares this well with others.

Julie A. B.
Hiles, WI

This program’s pace is like a sniper round, extraordinarily fast and precisely calibrated. Importantly, it reminds that an attorney’s ethics and knowledge vis-à-vis conflicts of interest may shine like a patch of sun on what might otherwise be an overcast day. Any attorney who does not watch this program is making a mistake. The well-crafted lesson contemplates a variety of ethics problems that could cloud the profession including, for example, former and prospective client conflicts; personal interest conflicts; positional or indirect conflicts; imputation of conflicts; confidentiality and conflicts; and conflict issues surrounding joint representation. The accomplished speaker lays a solid foundation by discussing basic ethics and professional responsibility rules as well as the taxonomy of conflicts. Additionally, he offers approaches to conflicts taken by outside and corporate counsel in engagement letters and client guidelines. Throughout, he integrates resolutions reached in recent court decisions.

Lynne T.
Minneapolis, MN

Excellent! Thank you!!!