Ethical tensions are perhaps never as great as when a lawyer is in dispute with a client. The dispute may arise over fees, communication, perceived conflicts of interest, or something else. In these and other circumstances, the lawyer’s duties of loyalty, zealous representation and confidentiality are all brought into direct conflict with the lawyer’s interest in self-defense. In these extremely delicate circumstances, the lawyer must determine what information may be disclosed in his or her self-defense, its impact on the attorney-client privilege, and what steps he or she can take to de-escalate the conflict. This program will provide you with a real-world guide to the ethical issues for a lawyer when he or she is in conflict with a client.
• Disputes involving lawyers’ fees, communications, unfavorable result of representation, conflicts of interest, malpractice claims
• Confidentiality and self-defense – what disclosure of confidences is permissible?
• Waivers and engagement letters to prevent dispute – or mitigate their damage
• Permissible and mandatory withdrawals from a representation
• Special attorney-client privilege issues in these disputes
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