11:00 a.m. - 12:00 p.m. (MT)
**Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the scope of the duty of confidentiality, distinguish between the duty of confidentiality and the attorney-client privilege, circumstances when breaches of confidentiality are permitted or required, inadvertent disclosures, and joint representations.

Wednesday, April 17, 2019

The Grove Hotel, 245 S. Capitol Blvd. - Boise, ID

10:00 a.m. - 4:15 p.m. (MT)

Sponsored by the Idaho Law Foundation and the Idaho State Bar Employment and Labor Law Section

**Live webcast available

5.25 CLE credits
Registration begins at 9:30 a.m.

Program Agenda

9:30 a.m. Registration & Coffee Bar

10:00 a.m. Handling Your First or Next
Employment Law Case - Matthew Gunn, Rossman Law Group, PLLC and Jennifer S. Dempsey, Andersen Schwartzman Woodard Dempsey, PLLC

12:00 p.m. Break

12:15 p.m. Hosted Lunch

12:30 p.m. A View from the Bench on Employment
Law Issues (presented during lunch) - Hon. Candy W. Dale, U.S. Courts, District of Idaho

1:00 p.m. Break

1:15 p.m. #MeToo: How Has this Social Media Movement Impacted Harassment Claims and Litigation - April M. Linscott, Owens, McCrea & Linscott, PLLC

2:00 p.m. Title IX Investigations and Credibility Assessments in Harassment Investigations - Melissa Luna, Landeck Forseth Luna

3:00 p.m. Break

3:15 p.m. Investigative Reports, Discovery of Investigative Material and Testimony at Trial About Investigations - Bobbi K. Dominick, Gjording Fouser, PLLC

3:45 p.m. Specific Employment Law Issues Relating to Public Employees - Douglas A. Werth, Office of the Attorney General

4:15 p.m. End of Program

9:00 - 11:00 a.m. (MT)
The Law Center
525 W. Jefferson Street - Boise, ID / Live Webcast
2.0 CLE credits - NAC Approved
Registration begins at 8:30 a.m.
Sponsored by the Idaho Law Foundation, Inc.

The Idaho Law Foundation, Inc. proudly presents a review of the 2019 Idaho Legislative Session with Idaho State Senate Majority Caucus Chair Kelly A. Anthon (District 27), Idaho State Senator Grant T. Burgoyne (District 16), Idaho State House Assistant Minority Leader Ilana S. Rubel (District 18) and Idaho State Representative Gregory D. Chaney (District 10). The four lawyer-legislators will discuss hot topics from this year’s session with particular emphasis placed on legislation concerning Idaho’s legal community.

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Ethics and technology in law practice review
• Ethics and working with experts and non-expert witnesses
• Recent developments in conflicts of interest part 1

This program is the first in a two-part series. While both programs are not required, it is recommended that you attend both.

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Ethics and e-discovery developments
• Confidentiality and preserving the attorney-client privilege and work product protections
• Recent developments in conflicts of interest part 2

This program is the second in a two-part series. While both programs are not required, it is recommended that you attend both.

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Ethics and ethical drawing lines – what’s an acceptable level of deception in negotiations?
• Affirmative statements of fact, value or intent in settlements
• Silence about adverse law in negotiations
• Silence about facts unknown to an opponent or counter-party
• Silence about errors in settlement agreements or transactional documents
• Non-litigation work in another state – “temporary” practice

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Duty to supervise counsel to whom you have referred work
• Ethical issues in fee splitting in co-counsel or referral relationships
• Ethical issues of associating with other lawyers or firms to gain competence in specific areas
• Liability to co-counsel for breaches of fiduciary duty or malpractice
• Liability for errors of co-counsel
• Duty to inform of malpractice by co-counsel

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Ethical issues when clients use credit cards to pay attorneys’ fees, costs, and retainers
• Passing on credit card processing fees to clients – and related Truth-in-Lending issues and tax penalties
• Ethical issues when credit card companies chargeback funds paid to a lawyer or from a trust account
• Confidentiality when a client has a dispute with his credit card company
• Use of credit cards to fund a retainer and related trust fund accounting issues
• Creditor claims against trust fund accounts
• Leftover client funds and proper trust fund accounting

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Understanding information flows and potential conflicts of interest
• Counseling clients about sharing of confidential information – and its implications
• Negotiation ethics when representing multiple clients
• Drafting conflict of interest waivers
• Attorney-client privilege issues involved in joint representations
• What to do when jointly represented clients disagree

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Confidentiality surround highly sensitive personnel issues
• Issues involving pre-trial investigations, including social media and texting
• Contact with represented/unpresented parties
• Ex parte communications – current v. former employees
• Conflicts of interest and waivers in employment litigation
• Ethical issues arising in discovery practice
• In-house counsel legal advice v. business function

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Attorney ethics, conflicts of interest, and disqualification standards
• How ethics rules and disqualification standards overlap and vary from each other
• Ethics standards and tests for obtaining – or defending against disqualification
• Joint representations and disqualification – if co-counsel is disqualified, are you?
• Screening for conflicts of interest and the risk of imputation of conflicts/disqualification to other attorneys
• Ethical sanctions and their relationship to disqualification

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• 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

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Ethics of co-counsel relationships: Are you your brother’s keeper?
• Ethics and client misconduct: What to do?
• Developments in conflicts of interest part 1

This is the first in a two-part series. While both programs are not required, it is recommended that you attend both.

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Technology and law practice: annual potpourri update
• Developments in confidentiality and the attorney-client privilege
• Developments in conflicts of interest part 2

This is the first in a two-part series. While both programs are not required, it is recommended that you attend both.