Resisting the Dark Side
Compliance vs. Ethics Under the Rules
Speaker: Jack Marshall, ProEthics, Ltd.
Recently an attorney attempted to comply with a subpoena by sending documents to himself, a move he decided was justified by the mistaken substitution of his name on the subpoena in place of the name of opposing counsel. The gambit failed, but it was only an extreme and especially ill-conceived example of the kinds of calculations attorneys must make on a regular basis.
To what extent are the Rules of Professional Conduct to be interpreted literally, and how much of their “spirit” is binding on attorney conduct? What are the provisions that have “wiggle room,” and is a lawyer justified — or even obligated — to exploit them? Are some rules just truly “aspirational?” If the Rules are only the “floor” for attorney conduct (that is, the minimum), when should an attorney aim for the heavens?
Customized for law firms, bar associations, corporate legal departments and associations as required, and using recent cases and legal ethics rulings from around the nation, Resisting the Dark Side is a thought-provoking legal ethics seminar that fulfills two or three hours of CLE ethics credit, depending on the customized seminar developed. Interactive, challenging, and exploring the dangerous parts of the Rules that can become traps for the unwary or ethically insensitive, it reveals useful analytical approaches and employs them in lively hypotheticals, covering such topics as:
- Lawyer whistle-blowing
- Applications of “the appearance of impropriety”
- UPL traps
- The use and misuse of waivers and client consent
- Ethics issues with experts
- Self-preservation vs. the client’s welfare
- The Rules almost everyone ignores
- Threats to a lawyer’s independent judgment
- Technology developments and implications
- Ethical dilemmas in corporate representations
- Recent developments of note
- And more
This program is a designated courses that ISBA members can take for free to obtain the 3 hours of Ethics credit included in your ISBA member benefits. Once you have accumulated 3 hours of free Ethics credit, the usual ISBA member rate of $30 per hour applies.
*REGISTRATION IS REQUIRED*