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Ethics of Joint Representations: Keeping Secrets & Telling Tales

April 10, 2020 @ 12:00 pm - 1:00 pm

Joint representation in litigation is fraught with potential conflicts of interest among the jointly represented parties.  There are substantial issues related to decision-making, information flows, confidentiality, and loyalty.  Any of these issues, if not carefully explained to clients and documented in written waivers, may lead to dramatically adverse results for clients – and expose the lawyer to ethics complaints and potential discipline.  This program will provide you with a practical guide to the substantial ethical issues in joint representations in litigation and how to navigate them.

Handout Materials will be emailed to you prior to the seminar
$60.00
1.0 MCLE Credit Hours, including 1 ethics hour

Schedule:

  • Forms of joint representations – separate representation on same matter v. joint representation on same matter
  • Information flows under “keep secrets” and “no secrets” agreements
  • Information flows in the absence of any agreement – what happens when there are no guardrails?
  • Loyalty issues – managing inherent conflicts of interest and the use of advance waivers
  • Voluntary and inadvertent creation of joint representations
  • Attorney-client privilege ramifications in a later arising dispute among jointly represented clients

Speakers:

Elizabeth Treubert Simon, Akin Gump Strauss Hauer & Feld LLP – Washington, DC

Thomas E. Spahn, McGuire Woods LLP – McLean, Virginia