Avoiding Ethical Traps

Learn about common conflict rules that are broken and how to avoid them.

With an attorney's busy schedule and practice distractions, attorneys will sometimes not fully comprehend and fully analyze the application of the Rules of Professional Conduct to a specific proposed course of action and thereby inadvertently violate a rule, which can lead to a professional complaint against the attorney. Some rules appear to be contradictory, for example, the rule of confidentiality and the obligations of disclosure to a tribunal and third party. Failure to consider all the applicable rules, and understand their relationship, will result in violations. This topic is designed to provide the basic tools and knowledge necessary for an attorney to recognize potential ethical issues and how to resolve them. The information will cover those areas of conduct that commonly lead to professional complaints against the attorney and areas of ethics that are commonly misunderstood because of what appear to be inconsistencies with the rules. The material will cover topics such as the duty of confidentially and the obligation of truthfulness and honesty with third parties and the tribunals. There will be a discussion of commonly violated conflict rules that arise when an attorney engages in business with a client or otherwise takes an economic interest adverse to a client or a conflict issue that arises between current clients or a former client. The topic will include a discussion of the subtle issues that can occur regarding the scope of representation. Knowledge of the rules of professional conduct not only benefits your relationship with your clients, it also protects the attorneys from claims for inappropriate behavior.

Faculty

John A. Snow

Parsons Behle & Latimer