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Ethics of Joint Representations: Keeping Secrets & Telling Tales

December 18, 2019 @ 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, D.C.

Thomas E. Spahn, McGuireWoods, LLP – McLean, Virginia