2023 Ethics and conflicts with clients, part 1

Despite best efforts, lawyers may develop ethical conflicts with their clients. Sometimes these conflicts may initially seem like positive developments. The lawyer may seek to buy into a client’s business enterprise or participate in a transaction, be offered a gift by a client, or even develop a romantic relationship with a client. But these and many others come with substantial ethical issues. Sometimes these conflicts may be more immediately problematic, as when a lawyer leaves a law firm and wants to take his or her clients to the new firm, or when a client refuses to pay legal fees, or worse, as when the lawyer has a duty to disclose certain acts of his or her own malpractice. This program will provide you with a real world guide to lawyer conflicts with their clients and how to avoid or resolve them.

Day 1:

•    Gifts – can lawyers accept from clients?
•    Business – can lawyers go into business with a client?
•    Departure – can lawyers take their clients to a firm?
•    Former clients – what duties does a lawyer have?

Day 2:

•    Dishonest clients – what must you do?
•    Lawyers as witnesses – how do you handle the conflict and privilege issues?
•    Clients with diminished capacity – from whom do you take instructions?  What are the other issues?
•    Settlements – what if a client’s tactics are improper?
•    Malpractice – do you have a duty to disclose?