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About the Teleseminar
In business, the mantra is often “just get the deal.” While attorneys must zealously try to do just that, there are real limits on how far they can go. Though subtle, there is still a line in negotiations between boosting a client’s position and active misrepresentation. Transactional attorneys may also legitimately seek to represent the interests of new clients in an industry shared by former clients, but here, too, there are limits. Clients can also be dishonest and lawyers have certain obligations, on the discovery of the dishonesty, to take action. Technology is also a source of ethical concern for transactional lawyers, implicating a duty to understand the technology they use in law practice and how it impacts duties to clients. This program will provide you with a real-world guide to several major areas of ethical concern in transactional practice, including negotiations, conflicts of interest, technology and dishonest clients.
- Negotiation ethics – getting the best deal v. active misrepresentation
- Conflicts of interest – the competing interest of current and former clients, and the interests of officers v. the organization
- Technology – the duty of competence to understand law office technology & maintain confidences
- Dishonest clients – ethical duties when an organizational client is caught being dishonest
- Communications with represented parties – can you encourage client to do what you cannot?
About the Speakers
William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management. He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years. He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com. Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.
John Miller is a partner in the Charlotte, North Carolina office of Robinson, Bradshaw & Hinson, P.A, where his practice encompasses corporate and securities law, mergers and acquisitions, banking and finance, and construction law. He was selected by his peers for inclusion in "The Best Lawyers in America" and for inclusion in Business North Carolina Magazine's "Legal Elite" as one of the top business lawyers in North Carolina. He received his A.B. from Duke University and his J.D., with distinction, from Duke University School of Law.
Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE Credit Hour, including up to 1.0 LEPR Credit Hour. (Tentative)