Ethical tensions are perhaps never as great as when a lawyer is in dispute with a client. The dispute may arise over fees, communication issues, perceived conflict of interest, or something else. In these and other circumstances, the lawyer’s duties of loyalty, zealous representation and confidentiality are all brought into direct conflict with the lawyer’s interest in self-defense. In these extremely delicate circumstances, the lawyer must determine what information may disclosed in his or her self-defense – and its impact on the attorney-client privilege – and what steps he or she can take to de-escalate the conflict. This program will provide you with a real-world guide to the ethical issues for a lawyer when he or she is in conflict with a client.
Handout Materials will be emailed to you prior to the seminar
Starts 12:00 p.m.
1.0, including one hour of ethics MCLE Credit Hours
· Ethical issues when lawyers have a dispute with a client
· Disputes involving lawyers’ fees, communications, unfavorable result of representation, conflicts of interest, malpractice claims
· Confidentiality and self-defense – what disclosure of confidences is permissible?
· Use of waivers and engagement letters to anticipate and foreclose disputes – or limit their damage
· Permissible and mandatory withdrawals from a representation
· Special attorney-client privilege issues in these disputes
Brian S. Faughnan, Thomason Hendrix Harvey Johnson & Mitchell, PLLC – Memphis