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These telephone seminars are presented by national speakers who are experts in their areas of practice often ABA Section chairs, authors of books in their areas of practice, and heads of practice groups.
In many instances, clients want to be jointly represented in litigation, a business or commercial transaction, or in an estate planning matter. Their motivations may include a desire to save attorneys’ fees, more closely align positions and strategies in litigation or a transaction, and often a belief that no conflicts exist between the parties and thus there is no need for independent representation. Despite these client desires and beliefs, ethics rules require attorneys to carefully identify and disclose conflicts, obtaining a waiver (where possible) to continue a representation or requiring withdrawal (where not possible). Explaining this to clients who are intent on a joint representation may be difficult but is necessary to avoid later ethics complaints. This program will provide you with a guide to identifying the ethical issues in joint representations, how to discuss them with clients, obtain waivers or withdraw from the representation.
- Attorney ethics in joint representations in litigation, transactions and planning
- Determining when joint representations are permissible or even desirable
- Issues when adversity arises later in time in a joint representation
- Joint representations in litigation communications, confidentiality and preserving the attorney client privilege
- Representing spouses or multiple generations of a family in an estate planning matter
- Jointly representing a business entity and an officer of the entity
Thomas E. Spahn, McGuireWoods, LLP McLean, Virginia
Once registered you will receive from the MSBA a confirmation email containing a toll-free telephone number to call on the day of the seminar. You will also receive a pdf containing the materials for the program to print.