The Fear Factor: How Good Lawyers Get Into (and Avoid) Ethical Trouble

September 16, 2016
9:00 a.m. – 12:15 p.m.
3.00 MCLE hours, including 3.00 approved Professional Responsibility MCLE credit hours

Chicago
ISBA Regional Office
20 S. Clark Street, Suite 900
(map and directions)
Or Online Course

Masters Series

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Some of the scariest stories are those where responsible lawyers who care about acting in an appropriate manner get into disciplinary trouble – because if it can happen to them, it can happen to us. Join us as our speaker, Stuart Teicher, gives us a guided tour along the path where common missteps are frequently made by otherwise honorable attorneys. Topics include:

  • The responsibilities of a subordinate lawyer and what to do if you’re told to do something unethical;
  • How to avoid making false statements or misrepresenting the truth in five key areas;
  • The duties of a supervising attorney toward associate lawyers;
  • The changing trends toward professionalism in the practice;
  • Conflicts of interest issues;
  • Keeping your attorney-client relationships at an appropriate level; and
  • Substance abuse and money issues.
About the Speaker:
Stuart I. Teicher
is an attorney and professional legal educator who focuses on ethics law and writing instruction. He helps attorneys get better at what they do through his entertaining and educational CLE performances, which often focuses on the ethical issues in social networking and other technology. He is a Supreme Court appointee to the New Jersey District Ethics Committee where he investigates and prosecutes grievances filed against attorneys. Mr. Teicher is an adjunct professor of law at Georgetown Law where he teaches Professional Responsibility, and an adjunct professor at Rutgers University in New Brunswick where he teaches undergraduate writing courses. His book, Navigating the Legal Ethics of Social Media and Technology, was recently published by Thomson Reuters.

 

Agenda

9:00 – 9:30 a.m.  Dealing with Some Tough Situations*
What if you’re told to do something that sounds unethical? This segment gives you the advice you need for dealing with tough situations by examining the responsibilities of a subordinate attorney (Rule 5.2), as well as your duty to report professional misconduct (Rule 8.3).

9:30 – 10:00 a.m.  The Dicey World of Misrepresentation: Understanding “The Fab Five of Lawyer Lies”*
It is imperative that attorneys never knowingly make false statements or misrepresent the truth. This segment examines five areas of importance: Rule 8.1 (Bar Admission & Disciplinary Action), Rule 3.3 (Candor Toward the Tribunal), Rule 4.1 (Truthfulness in Statements to Others), Rule 7.1 (Communications Concerning a Lawyer’s Services), and Rule 8.4 (Misconduct).

10:00 – 10:15 a.m.  Supervision Issues*
Gain a better understanding of your responsibilities as a partner, manager, or supervising attorney with this informative presentation. Topics include: your duty regarding associates (Rule 5.1), your duty regarding non-lawyer assistants (Rule 5.3), and the various issue that can arise with “independent contractors” and contract attorneys.

10:15 – 10:30 a.m.  Break (refreshments provided)
Sponsored by the Illinois Bar Foundation

10:30 – 11:15 a.m.  Important Trends in Professionalism*
Don’t miss this in-depth look at the changing trends toward professionalism in the practice and how it’s illustrated through a history of the ethics code.

11:15 – 11:45 a.m.  Conflicts*
To withdraw or not to withdraw, we hope that’s not the question… This segment helps demystify how the conflict rules actually work and how they all fit together. The discussion includes Rules 1.7, 1.8, 1.9, and 1.13.

11:45 a.m. – 12:15 p.m.  “The Really Bad Stuff” – Sex, Drugs, and Money*
The seminar closes with a look at substance abuse, money issues (Rule 1.15), and how to keep client relationships on appropriate levels (Rule 1.8(j)).