Navigating Conflicts of Interest, Avoiding Disqualification, and Preventing Legal Malpractice Claims for Business Attorneys in Illinois

Loyalty is critical to the attorney-client relationship. Clients rely on their attorneys to safeguard their interests, so they must be able to trust the attorney and feel comfortable providing complete information. Conflicts of interest-when a lawyer's duty to one client conflicts with his or her duty to another client, or with the lawyer's personal interest-can damage that relationship, and harm the law firm's reputation. Learning to recognize a conflict and address it head-on goes a long way towards minimizing potential professional liability exposure.

This course, taught by Anne P. Ray, a member of Jenner & Block's Professional Responsibility Practice Group, examines the many different ways conflicts of interest arise: among law firm clients, because of lateral hires, and even within corporate legal departments. The program will also address the recent rise in disqualification motions and the potential for legal malpractice claims resulting from conflicts of interest, as well as the use of waivers-both in advance and contemporaneous-to avoid unwanted outcomes.

The course covers the ABA model rules and the ethics landscape nationally, and provides a specific focus on Illinois law and the Illinois Rules of Professional Conduct. Although these principles are applicable to attorneys in every area of practice, the program will specifically discuss the kinds of conflicts that arise for attorneys in the business and corporate sphere.   

1. Identify conflicts
2. Use waivers to address conflicts and protect interests of lawyer and client
3. Assess factors courts consider when addressing disqualification motions
4. Provide practical guidance to avoid conflicts and disqualification