The Fear Factor: How Good Lawyers Get into Bad Ethical Trouble Out of Stock
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About the Seminar
The scariest stories are those tales where responsible lawyers who care about acting in an appropriate manner get into disciplinary trouble. In this program, you will learn how to avoid the common missteps that are made by otherwise responsible attorneys. You will walk away a safer, stronger lawyer. The last hour will provide you with a prescription for sound lawyer mental health. Come learn how the Rules of Professional Conduct can be your guide to help avoid many of the mistakes that plague our colleagues and also allow us to find success and happiness in the profession.
Seminar Agenda
The Fear Factor: How Good Lawyers Get Into Bad Ethical Trouble
- Opening remarks about the Rules of Professional Conduct, generally.
- Dealing with tough situations
- The professional way to deal with difficult people in the law: Judges, co-counsel, etc.
- Your professional duties when difficult people cross the line: A lawyer's duty to report professional misconduct, Rule 8.3
- Responsibilities of a Subordinate Lawyer-what if you're told to do something that sounds unethical? Rule 5.2
- The dicey world of misrepresentation- Rules 4.1, 3.3, 8.1, 7.1 & 8.4
- Hot Topic- The professionalism concerns regarding “deceit.” When does it violate the duties of fairness and integrity?
- What we can learn about this question from the cases, In re Apple, In re Gatti and an opinion issued by the Philadelphia Committee on Professionalism
- Conflicts
- Professionalism issues that are the foundation of conflicts: Loyalty and Confidentiality.
- Discussion of the relevant elements in, “A Lawyer's Aspirational Ideals.”
- Demystifying how the conflict rules actually work and how they all fit together
- Rules 1.7, 1.8, 1.9 and 1.13
- Keeping an eye on others-- Supervision issues
- A lawyer's duty regarding associates : Rule 5.1
- The ever expanding duty regarding nonlawyer assistants: Rule 5.3
- Issues with “independent contractors,” contract attorneys and technology vendors
- The Really Bad Stuff-- Sex, Drugs and Money
- Watching that your client relationships stay on appropriate levels: Rule 1.8(j)
- Money issues-- a rule 1.15 refresher and a discussion about retainers vs. “earned” fees
- Bar Admission and Disciplinary Matters-- A lawyer's duty to respond to client complaints; the problems of procrastination, distraction and neglect and their impact on rules 1.1, 1.3 and 1.4
Seven Secrets to Survive the Struggle with Sanity: Critical Mental Health Direction for Getting By in the Practice
- The Problem of Constantly Dealing with Difficult People
- The Problem with the Relentlessly Adversarial Nature of the Practice
- The Fix: Utilizing the “MPH Approach: (Mindset, Process and Habits)
1- Pursuing a goal that is greater than yourself
2- Striving for continual growth & Being the Best
3- Being Vigilant: Relentless Determination
4- The Importance of Having the Right Attitude
5- Focusing on the Present and Live in the Now
6- Taking Care of Yourself, Mentally, Emotionally and Physically
7- Living a Rich Life Outside the Office
This seminar qualifies for 3.0 MCLE credit hours, including up to 2.0 LEPR credit hours and 1.0 SA/MH credit hour.
This seminar is Intermediate to Advanced Level.
Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, please use this course code if you completed the program in 2019 : 194962ADO
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