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.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Duty of Confidentiality
- Prohibitions
- Exceptions to the Duty
Obligations of Disclosure
- With Third Parties
- With Tribunals
Conflicts of Interest
- Between Current Clients
- With a Former Client
- Specific Rules
- Wavier of Conflicts
Scope of the Representations
- Limitations on the Scope
- Assisting the Dishonest Client
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on June 27, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5 including Ethics 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5 including Ethics 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.5 hours of ethics credit.
- AR CLE 1.5 including Ethics 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.50 hours of ethics credit.
- Arizona CLE 1.5 including Ethics 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.
- CA MCLE 1.5 including Ethics 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
- CO CLE 2.0 including Ethics 2
- This program has been approved by the Colorado Supreme Court Board of Continuing Legal and Judicial Education for 2.0 hours of CLE, including 2.0 hours of ethics credit.
- CT CLE 1.5 including Ethics 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 1.50 hour(s) of ethics credit.
- GA CLE 1.5 including Ethics 1.5
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 1.5 ethics hour.
- HI CLE 1.5 including Ethics 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 1.50 ethics credit hours.
- IL CLE 1.5 including Legal Ethics 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 1.50 hours.
- MN CLE 1.5 including Ethics 1.5
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.50 hours of ethics credit.
- ND CLE 1.5 including Ethics 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
- NH MCLE 1.5 including Ethics 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 90 minutes of ethics credit.
- NM CLE 1.5 including Ethics 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
- NV CLE 1.5 including Ethics 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
- NY CLE 1.5 including Ethics and Professionalism 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.5 including Ethics 1.5
- Approved for 1.5 CLE credits in Oregon, including 1.50 hour of ethics credit.
- PA CLE 1.5 including Ethics 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 1.50 hours of ethics, professionalism or substance abuse CLE credit.
- RI CLE 1.5 including Ethics 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
- VT CLE 1.5 including Ethics 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit including 1.50 hour(s) of ethics credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5 including Ethics 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics credit.
- WV MCLE 1.8 including Ethics 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.
- NALA 1.5 including Ethics 1.5
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.5 hour(s) including 1.50 hour(s) of ethics credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
John A. Snow
Parsons Behle & Latimer
- Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
- Practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense
- Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation, and construction
- Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law and as a Super Lawyer in the Mountain States in Super Lawyer Magazine
- Former Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
- Can be contacted at [email protected] or 801-536-6772
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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