Many clients—and even some lawyers—are surprised to learn that attorneys often do not need to follow client directions, and that in some instances lawyers are prohibited from listening to clients. Attorneys who disobey client directions often face ethical, disciplinary, and civil liability concerns, while lawyers who follow those directions too closely can also face ethical problems.
In this course, attorney Daniel Abrams explores problems that arise in both extremes: being too deferential and being too paternalistic. He also explores the special case of attorney decision-making with a client whose mental capacity is questionable.
I. Navigate disagreements with clients, including when to follow the client's directive even when the attorney does not concur with it
II. Understand when and how to overrule a client’s request and how to reach consensus
III. Recognize how to withdraw when a disagreement is intractable
IV. Appreciate what you must do when a client shows signs of diminished capacity
Daniel L. Abrams’ practice focuses on legal malpractice, and business litigation. Mr. Abrams has helped many corporations and individuals complaining of inadequate legal services or overbilling obtain relief and settlements from their former attorneys. He represents mostly plaintiffs but occasionally defendants in legal malpractice cases and other disputes related to legal ethics, including legal fee disputes, breach of fiduciary duty cases, cases alleging conflicts of interest, and other professional responsibility issues. Lawyers and law firms frequently hire Mr. Abrams to serve as lawyer, expert or consultant on issues related to legal ethics or the law governing lawyers. He has taught legal ethics to other lawyers for the Practicing Law Institute, the New York State Bar Association, Lawline.com and Access MCLE. He has also appeared as a guest lecturer at Suffolk Law School.
In addition to his legal malpractice and ethics practice, Mr. Abrams has an active business litigation practice. Mr. Abrams’ clients include business owners, general counsel, and individuals in a full range of business litigation and arbitration matters. His cases have included business dealings arising out of oil & gas contracts, licensing agreements, business mergers, employment agreements, financing arrangements, business fraud, trade secrets, and corporate whistleblower allegations. His litigation cases include a successful multi-million dollar reversal of an arbitration award, a defense victory after a bench trial in a breach of contract case, and many favorable settlements of commercial disputes and legal malpractice cases.
Mr. Abrams received his J.D. from Yale Law School in 1995 where he was an Olin Fellow of Law and Economics. He is a member of The Association of Professional Responsibility Lawyers and the Association of the Bar of the City of New York, where he served on the Professional Responsibility Committee and the Subcommittee on Lawyer Promotion and Advertising from 2004-2007. He is a member of the bar of the United States Supreme Court, Southern District of New York, Eastern District of New York, Second Circuit United States Court of Appeals, Sixth Circuit United States Court of Appeals, and Tenth Circuit United States Court of Appeals.
Good perspective from his experience in dealing with clients with diminished capacity.
Excellent... should have more courses by this person that drill down deeper in two more situations
Excellent raising of legal issues which relate to ethical consideration of attorney's representation of clients. Bravo to the excellent speaker who attacked this rather complicated area of the law.
Easy but good course content to follow
Clear, concise & useful.
Great presentation. Nice of the instructor to give a lecture on how to reduce his business.
Good information and refresher on some issues
Very thorough presentation. It illuminated some issues that I really had never given much thought or attention to.
Very informative and well-presented program. Materials were very good.
great program very informative
lecturer was polished
enjoyed this course some interesting ideas
good job dealing with a bland topic
Very good program!
I thought that the attorney handled the discussion skillfully.
I appreciated the speaker’s attention to detail and learned information I had not known before
Most practical of all the ethics presenters, excellent.
Very informative and insightful into the reality of the practice of law
Good introduction to the subject.
Really good program on a very important subject.
Listened to on the app. The app is fantastic
clear,, low-key, with excellent examples
very good presentation
this pres was very interesting, not something i heard before
Excellent speaker and informative
Good speaker- good program
Presenter could have been a little more energetic, but was informative.
3rd ethics course. Very dry presentation, but very effective. :-) Actually, think it worked the best for me of the three I've seen.
Excellent presentation and content.
The discussion about "Ghost Writing" was especially interesting.
This is a great program which provides guidance on a good number of real life experiences, some of which I have come across in my practice.
Very informative discussion on ethics, particularly the diminished capacity section.
Covered common situations in easy to understand and concrete examples. Great!
Great presentation. easy to follow and very relevant
Very practical information! Excellent course!
Sound practical advice from speaker.
Good presentation. Interesting anecdotes helped deliver the points.
Excellent presentation. Very informative.
Well done course.
Best presenter to date.
this was an excellent, thoughtful course
This guy was excellent. He spoke clearly and used good, informative examples. I especially liked the fact that he was bound to his PowerPoint slides and just used them as a take off point for his discussion. I look forward to listening to Dan Abrams again.
Easy to follow. A good presentation
Very good ethics MCLE. Interesting use of a current case to explain the topic.
easy to follow and very informative with useful practice tips.
Very informative course. Thank you.
very well informed
Very relevant presentation
The presentation was well done and helpful.
This area becomes more complex with each passing year.
Very informative and practical information delivered in a nice, conversational tone.
Good presentation, used good, concrete examples.
Well-spoken and knowledgeable presenter
Basic and to the point. Thank you. Nicely presented.
interesting listen from an attorney who clearly has a lot of experience in this area
Excellent, knowledgeable speaker on a specific area in Ethics. Covered thoroughly, with examples from different practice perspectives. Bravo!
I believe the speaker covered many areas of ethical representation that are often ignored. Good stuff.
Interesting- especially really diminished capacity issues and ghost writing.
Good overview of practical ethical issues
A very thorough and interesting presentation of many complex ethical issues.
Very helpful examples. Good references of examples to the rules.
good for ethics
very well presented
Very good program for diminished capacity ethical issues.
Really appreciated the discussion of addressing diminishing comprehension in older folds
Very good presentation, interesting and informative, good ptractical guidance on dealing with sticky situations within attorney ethics requirements -- such as getting a third party involved if client seems somewhat diminished in capacity, or how far to let a client direct the attorney's actions when it would conflict with ethics requirements.
This class discusses extremely important considerations for every lawyer.
Speaker was very good.
Good, solid presentation. Nice work!
Great information! I learned a lot!
Better than average.
Written material w rules very helpful.
great review and premmer
His presentation is well done. Excellent
points covered were informative and actually quite significant for practice pointers
Great range of topics covered.
Careful and exhaustive suggestions relating to responses to potential client problems and concerns!!!
Presentation was a good reminder of how to handle difficult clients.
Interesting topic and speaker.
This was a fine presentation that nicely balanced jurisprudential theory, legal rules, and practical application.
Interesting information provided and I can tell it was well researched.
Excellent topic and some of the best review materials I've seen. Very well done!
important distinctions re dimished capacity were helpful
This was interesting to listen to as an in house and prospective client. The first part was a road map of things in house need to be aware of in dealing with outside counsel
another excellent presentation
Very good presentation.
Very informative program
Good practical discussion on how to prepare for the many problems that arise in dealing with clients.
Great review of ethical issues.
Really organized and practical presentation.
It would be helpful for this program to be longer, particulrly as to the recognition of diminished capacity.
Mr. Abrams lectures have been the most hands on and useful!
Good presentation, particularly the section on client's diminished capacity
Very good program
Thoroughly enjoyed this presentation. Interesting and well organized. Great speaker.
Excellent treatment of a vital topic for client management. .
Examples & hypothetical used very effectively.
Very practical and useful.
Used just the right amount of stories.
A good explanation of pertinent related topics
very informative thank you
Very informative and well presented!
Well presented. Good examples and interesting topic.
Very interesting presentation.
He did a great job with a relatively "new" but important area. I loved his examples since I could see all of them. He also did an excellent job with diminished capacity. I could see where he could expand it to separate talk (with examples from not just es
very informative regarding rule 11
Very interesting and helpful issue to consider and approach.
very comprehensive short presentation
a nice representation!
This presenter was excellent.
Very helpful presentation.
clear concise and useful
Very clear; helpful.
interesting presentation, well done.
Very good presentation.
This seminar was very informative and kept my attention.
Great presentation. Valuable real-world fact patterns, examples, suggestions. Love the use of the "binary" concept.
Very good ;presentation.
A good competent presentation.
Found the seminar interesting and new points for practice were noted.
All lawyers should be aware of this info. Very informative and helpful.
Very good presentation. Thank you.
vrry instructive for solo atty
Speaker gave good perspective on when to follow client's wishes and when to control lawyer's actions based on ethical/legal issues.
Good speaker, organized and informative presentation
Very nicely done but probably too short.
Interesting and informative.
Good content and explanation.
Very informative and direct... I feel like I can avoid malpractice now by increasing client communication. Makes sense!
very informative and not boring, which is impressive for an ethics driven course.
I enjoyed the topic
Great substance to the presentation. Very useful information in a concise format.
Very clear, very direct presentation.
very good - different than other sessions that I have listened to!
So well done and very approachable.
genuine and interesting speaker
YES, VERY GOOD AND TO THE POINT!
A very interesting ethics topic and good presentation on the subject.
Very approachable presenter and easy to listen to.
Great comprehensive review of important ethics issues that occur frequently in real-life. Very useful!
This program had substance. Refreshing to actually learn something.
A bit monotone but solid advice. Helpful.
Good even-handed analysis of tricky ethical situations.
Very good program.
very well paced and clear. Easy listening!
nice presentation. Easy to listen to.
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