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Ethics for Business and Transactional Lawyers

- Location -
Concierge Conference Center
780 Third Avenue (at 48th Street)
New York, NY 10017
(212) 735-0072

Description


Sponsor:
NYSBA Committee on Continuing Legal Education

4.0 MCLE Credits in Ethics for all attorneys

All lawyers are subject to the Rules of Professional Conduct, but ethical problems faced by business/transactional lawyers are different than those arising in a litigation practice and require different solutions.

This four MCLE-ethics credit program explores in a practical way distinct areas where difficult ethical issues regularly confront business lawyers — representing multiple constituencies and managing risk in today’s wireless, digital world.

The expert panelists will discuss ethical quandaries and appropriate conduct in the context of specific situations a business lawyer likely confronts in actual practice.

You will benefit from this course however frequently, or infrequently, you handle business/commercial affairs. For any given business matter you are handling that could involve multiple constituencies or ethical exposure in cyberspace, the panelists will reinforce what you already may know, highlight new areas of concern (and solutions thereto), and illuminate ethical pitfalls that may be lurking just below the surface.


Live Webcast Option Available
Newly admitted attorneys (less than 24 months) must attend the
program in-person to receive NY MCLE credit.

Program Agenda

8:30-9:00 a.m.
REGISTRATION (outside meeting room)

9:00-10:45
I. REPRESENTING CORPORATE AND ENTITY CLIENTS

This segment explores the risks inherent in representing multiple constituencies within corporate and other entity organizations.  The presentation reviews:

        A. Who Is Your Client
                1. Is it ever possible to represent the entity and constituencies
                2. “Accommodation” Clients
                3. The ethical rules and the law relating to multiple client representation

        B. Representing Corporate Affiliates
                1. Who owns the attorney-client privilege?

        C. Dealing with constituents who are not clients
                1. Confidentiality and Attorney-Client Privilege in the Corporate Environment
                          (a) Communications with Corporate Employees

        D. Government Investigations

        E. Managing Entity Representation

10:45-11:00
Coffee Break

11:00-12:45 p.m.
II. ETHICS IN A WIRELESS WORLD

Technology is constantly changing law firm practice.  A lawyer can now carry a client's entire file on a tiny flash (“thumb”) drive, and research and review documents anywhere on a smart phone.  The challenge to preserve client confidential information against external threats and inadvertent loss, and the consequences of failing adequately to protect client secrets are constantly escalating.  In their spare time, individual lawyers create blog and social network sites viewed more than all their firm's marketing materials.  Technology empowers – but also enormously enlarges the risks facing lawyers and law firms.  This segment will identify and offer suggestions for addressing the ethics and risk management challenges that arise from technology in our wireless, digital, Web 2.0 world, including data breaches, social networking, and misdirected or misplaced electronic communications.

12:45 p.m.
ADJOURNMENT

Program Faculty

Program Planning Chair and Moderator

Katie M. Lachter, Esq.
Hinshaw & Culbertson LLP
New York City

Speakers

Nicole Hyland, Esq.
Frankfurt Kurnit Klein & Selz PC
New York City

Katie M. Lachter, Esq.
Hinshaw & Culbertson LLP
New York City

David A. Lewis, Esq.
Hinshaw & Culbertson LLP
New York City

Ronald C. Minkoff, Esq.
Frankfurt Kurnit Klein & Selz PC
New York City

ELECTRONIC COURSE MATERIALS

All program materials will be distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date. 

Directions

The last day to pre-register online was March 17, 2013.

Members, please login to get member discounts.

Seminar
Live Registration	$140.00
Webcast Registration	$140.00

Seminar
Live Registration	$240.00
Webcast Registration	$240.00

Seminar
Live Registration	$50.00
Webcast Registration	$50.00

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.