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PRACTICAL STRATEGIES FOR AVOIDING CONFLICTS
(BOSTON SESSION)

Staying Out of Trouble with Clients and Adversaries

Sponsored with the Massachusetts Bar Association

Please Note: This course has already been held.

Date: Tuesday, May 01, 2007

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 06:30 PM

Faculty
Schedule/Agenda
Registration Information

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With the advent of technological advances for creating lawyer-client relationships, the growth of multi-state practices, migrating lawyers, and increasingly complex corporate client structures, today’s law practice is rife with potential hot spots relating to conflicts of interest. This program will provide a strong foundation for understanding your ethical responsibilities to avoid conflicts of interest and will offer interactive opportunities to analyze and resolve common ethical dilemmas that arise in a broad range of practice areas.

Who Should Attend:
  • Lawyers who serve as ethics advisors in their firms
  • Lawyers who want to get advice about best practices for conflicts checks

Attend and Learn:
  • To whom you owe your duty to avoid conflicts
  • When the duty arises
  • How to determine whether a conflict exists
  • Best practices for avoiding conflicts
  • Defending against charges of conflicts
  • Latest developments in the law of conflicts

  F A C U L T Y

  Professor Jennifer Gundlach
  Is an Associate Clinical Professor of Law at Suffolk University Law School where she directs the Disability Advocacy Clinic and teaches professional responsibility. She currently serves as Co-Chair of the BBA’s Ethics Committee. Previously, she worked as a class action litigator at Cohen, Milstein, Hausfeld & Toll. While there, she was on the trial team for the first class action lawsuit tried under the Rehabilitation Act and played an integral role in drafting the Supreme Court brief for Carmichael v. Kumho Tire Co. Professor Gundlach is a graduate of Kenyon College and American University’s Washington College of Law.
   
  Edward S. Cheng, Esq.
  Is a partner at Sherin and Lodgen, LLP. A member of the litigation department, he is Co-Chair of the Professional Liability Practice group. He has also represented attorneys before the BBO. Mr. Cheng served as Co-Chair of the BBA’s Professional Liability Committee (2003-2006) and the BBA’s Massachusetts Practice and Procedure Committee (since 2006). He is also a member of the BBA’s Ethics Committee. Mr. Cheng is a member of the governing board of the Supreme Judicial Court Law Clerks’ Society and its Secretary. Mr. Cheng is a graduate of Boston College Law School and Princeton University.
   
  Ellen J. Messing, Esq.
  Is a partner at Messing, Rudavsky & Weliky, P.C., which concentrates its practice in representing employees in labor and employment litigation. A Fellow of the College of Labor and Employment Lawyers and a member of the Advisory Council to the ABA’s Ethics 2000 Commission, Ms. Messing has served in leadership positions on the BBA Ethics Committee, and elsewhere in the BBA, MBA and other professional groups. A former National Secretary of the National Employment Lawyers Association, Ms. Messing is currently Co-Chair of National NELA’s Ethics Committee. A graduate of Radcliffe College and Boston University School of Law, Ms. Messing has taught at University of Michigan Law School, Boston University School of Law, and Northeastern University School of Law.
   
  Patrick J. Sharkey, Esq.
  Is a trial attorney practicing in Mintz Levin’s Boston office, his practice primarily focuses on fiduciary responsibility. Pat is Mintz Levin’s advisor with respect to matters of Professional Responsibility for the entire Firm. Pat is a past member of the MBA Ethics Committee, and a member of the BBA Ethics Committee, serving as Chair or Co-Chair of the Committee for several years. Pat received his J.D. from Northeastern University.
   
  S C H E D U L E / A G E N D A

4:00 WELCOME & INTRODUCTIONS
  • Legal Obligations to Avoid Conflicts
  • Ethical Rules
  • Fiduciary Relationship
  • Resources for Researching Ethics Issues

    Professor Jennifer Gundlach, Chair
    Suffolk University Law School, Boston, MA



4:15 WHO IS YOUR CLIENT?
  • When do ethical and fiduciary obligations to avoid conflicts attach? Online Inquiries, Initial Consultations/Interviews
  • To whom do you owe the duty to avoid conflicts? Entity vs. Constituents, Joint Representation and Insurance Triangle

    Edward S. Cheng, Esq.
    Sherin and Lodgen, Boston, MA



4:55 DOES A CONFLICT EXIST?
  • Applicable Rules/Analysis - Concurrent Clients, Former Clients, Non-Lawyers and Lawyer’s Own Interests
  • Best Practices in Conflicts Checking - Entity/Subsidy Relationships Imputation and Migratory Lawyers, and Non-Lawyers

    Professor Jennifer Gundlach, Chair
    Suffolk University Law School, Boston, MA

    Patrick J. Sharkey, Esq.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, LLC, Boston, MA



5:40 BREAK

5:55 HOW DO YOU RESPOND IF THERE IS AN ACTUAL CONFLICT?
  • Consent/Waivers
  • Screening
  • Second Opinions
  • Withdrawal
  • Defending Against Motions to Disqualify - By Your Client, By Your Adversary

    Ellen J. Messing, Esq.
    Messing, Rudavsky & Weliky, Boston, MA

    Patrick J. Sharkey, Esq.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, LLC, Boston, MA



6:30 CONCLUDE

  G E N E R A L   I N F O

Date:  

Tuesday, May 01, 2007

Tuition:  

$149; $99 for members of the Rhode Island Bar Association, Massachusetts Bar Association, Social Law Library, Suffolk alumni and attorneys admitted to the Bar after 2004.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

Approved for CLE Credit in RI, NH, VT & ME. This course is approved for 2 hours of Ethics Credit.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
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