Ethics in Law Professionalism and Integrity #251112

Upon successful completion of this course, participants will be able to:

• Identify and analyze potential ethical issues using formal rules (e.g., ABA Model Rules) and overarching principles of professional conduct.

• Apply ethical rules to complex, real-world scenarios involving client confidentiality, conflicts of interest, and zealous representation.

• Develop a practical framework for resolving ethical dilemmas that arise in legal practice.

• Understand the attorney disciplinary process and the severe consequences of misconduct, including malpractice and disbarment.

• Cultivate a strong professional identity centered on integrity, civility, and public service.

• Navigate contemporary ethical challenges posed by technology, social media, and a globalized legal market.

This course is essential for anyone in the legal profession, from those just starting out to seasoned practitioners seeking renewal:

• Law Students preparing for the MPRE and legal practice

• Newly Admitted Lawyers and Law Graduates (for CLE credit)

• Junior Associates and Solicitors at law firms

• In-House Counsel

• Government Attorneys and Public Defenders

• Seasoned Practitioners seeking refresher training or facing complex ethical questions

• Judicial Law Clerks

• Paralegals and Legal Assistants (to understand their role in upholding ethical standards)

• Pre-assessment
• Live group instruction
• Use of real-world examples, case studies and exercises
• Interactive participation and discussion
• Power point presentation, LCD and flip chart
• Group activities and tests
• Each participant receives a binder containing a copy of the presentation
• slides and handouts
• Post-assessment

Day 1: The Foundation of Fiduciary Duty

• Morning Session: The Legal Profession’s Social Contract

  • Beyond the Rules: The Concepts of Honor, Integrity, and Civic Profession.

  • The Attorney-Client Relationship: The Fiduciary Duties of Competence, Diligence, and Loyalty.

  • Case Study: Analyze a famous legal scandal to deconstruct the ethical failures.

• Afternoon Session: The Bedrock of Trust: Confidentiality & Privilege

  • The Scope of ABA Model Rule 1.6: What is “information relating to the representation of a client”?

  • Exceptions to Confidentiality: The Crime-Fraud Exception, Preventing Harm, Self-Defense.

  • Workshop: Navigate a scenario where a client’s confidentiality demands conflict with a potential duty to warn a third party.

Day 2: Navigating the Minefield: Conflicts of Interest

• Morning Session: Concurrent Conflicts

  • Representing Multiple Clients: Direct Adversity and Material Limitation (Rule 1.7).

  • Obtaining Informed Consent: What does it truly mean? Confirmed in writing.

• Afternoon Session: Successive Conflicts and Imputation

  • The “Materially Related” Standard for Former Clients (Rule 1.9).

  • The Doctrine of Imputation: How one lawyer’s conflict can infect an entire firm (Rule 1.10).

  • Role-Playing Exercise: Conduct a client intake interview to identify and navigate a potential conflict.

Day 3: Zealous Advocacy and Its Limits

• Morning Session: The Duty to the Court and Candor

  • The Limits of Advocacy: Rule 3.1 (Meritorious Claims), Rule 3.3 (Candor to the Tribunal).

  • Dealing with False Evidence: What do you do when your client or witness lies?

• Afternoon Session: Civility and Fairness to Opposing Parties

  • The Erosion of Civility and its professional cost.

  • Ethics in Negotiation: Are there limits to “puffing”?

  • Debate: Is “zealous advocacy” an outdated concept that promotes unethical behavior?

Day 4: The Business of Law and Modern Challenges

• Morning Session: Fees, Client Property, and Advertising

  • Ethical Fee Agreements: Reasonableness, Contingent Fees, and Fee Splitting.

  • Safeguarding Client Funds: The sacred nature of the Trust Account.

  • Ethical Marketing: Rules on solicitation and specialization claims.

• Afternoon Session: Technology and Ethics

  • Technology Competence as an Ethical Duty (Rule 1.1).

  • Protecting Client Data: Cybersecurity and preventing inadvertent disclosure.

  • The Ethical Perils of Social Media: Advising clients, investigating jurors, and your own online presence.

Day 5: Enforcement, Wellness, and Building an Ethical Practice

• Morning Session: The Disciplinary Process and Malpractice

  • How a Grievance Works: Investigation, hearing, and potential sanctions.

  • The Anatomy of a Legal Malpractice Claim.

  • Case Study: Review public disciplinary decisions and predict the outcome.

• Afternoon Session: Integrity in Practice – A Capstone

  • Attorney Wellness: The link between stress, burnout, and ethical lapses.

  • Developing a Personal Ethical Framework.

  • Final Capstone Simulation: Teams work through a complex, multi-issue ethical dilemma involving client pressure, a potential conflict, and discovery misconduct, and must present their resolution.

  • Course Recap: Upholding the Profession’s Highest Ideals.