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Advanced CLE

2020 Ethics of Co-Counsel & Referral Relationships Audio Replay


Total Credits: 1.2 MCLE, 1.2 Ethics, 0.0 Kansas Credit

Practice Area:
Ethics

Dates


Description

Originally presented on June 18, 2019.

Co-counsel and referral relationships are common in law practice.  Lawyers associate with other lawyers on cases to gain specialized knowledge required for competent representation in a case. Litigation counsel may seek “local counsel” on a case in another jurisdiction.  Lawyers also refer out business for a variety of reasons, including overflow work or work outside of a lawyer’s core competencies.  These any many other co-counsel and referral relationships, however, raise substantial ethical and malpractice issues. This program will provide you with a framework for understanding the ethical issues surrounding co-counsel and referral relationships and the personal liability that may arise from them.

• Duty to supervise counsel to whom you have referred work 
• Ethical issues in fee splitting in co-counsel or referral relationships 
• Ethical issues of associating with other lawyers or firms to gain competence in specific areas
• Liability to co-counsel for breaches of fiduciary duty or malpractice 
• Liability for errors of co-counsel
• Duty to inform of malpractice by co-counsel 

Speakers: Brian S. FaughnanThomason Hendrix Harvey Johnson & Mitchell, PLLC, Memphis, TN and William FreivogelFreivogel Ethics Consulting 

Materials

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