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

Registration Fee:  $55.00

The overlapping articles of the UCC impact most business, commercial and real estate transactions.  From the perfection of security interests to the enforceability of promissory notes and investment contracts to equipment leases and the sale of goods, the UCC plays a role in most significant transactions. This program, led by one of the nation’s leading authorities on the UCC, will provide you with a wide-ranging discussion of developments under the many articles of the UCC, including secured transactions, investment notes, sales, and equipment leasing.  

• Recent UCC developments for transactional attorneys
• Developments impacting commercial, business and real estate transactions
• UCC Article 9, asset-based transactions and secured transactions
• Sales of goods contracts
• Equipment leases, including computer equipment and capital equipment
• Notes, guarantees and letters of credit

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.

Registration Fee:  $55.00

Preparing witnesses – whether fact witnesses or experts – for deposition or trial or conferring with them during breaks in testimony fraught with ethical issues. Expert witnesses are paid for their time, not their testimony. Though they may be hired to support a client’s view of the facts, there are limits to how experts can be coached. There are also real limits to how attorneys can prompt fact witnesses, for instance to “not remember” unfavorable facts. There are also significant ethical issues involving how to handle inadvertently produced privileged documents and when testimony goes in an unexpected adverse direction. This program will provide you with a practical guide to the ethical issues and traps of working with witnesses.

• Paying witnesses for their time versus their testimony
• Prompting a witness to “not remember” unfavorable testimony
• Conferring with witnesses during deposition breaks and the limits of what you advise
• Dishonest witnesses – what are your obligations to the court and your client?
• How to handle the inadvertent production of privileged documents
• Drafting witness affidavits without interviewing the witness

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.

Registration Fee:  $55.00

The real estate industry is fiercely competitive as developers and contractors, investors and lenders, brokers and others – often with the aid of legal counsel – seek advantage. This can easily present real estate lawyers with ethical dilemmas. Conflicts of interest are rife. There are issues of communicating and negotiating with unrepresented parties. There are also issues of taking an equity stake in a real estate venture in lieu of fees.  Sometimes, too, there is the discovery that a client is engaged in wrongdoing. These and many other ethical issues arise in real estate practice.  This program will provide you with a real world guide to common ethics issues in real estate practice.

• Joint representations of a business entity and its owners in a real estate transaction
• Representation of a client with adverse interests in unrelated transactions
• Receipt of deal equity in exchange for legal services
• Communications with unrepresented parties – and with represented parties
• Inadvertent disclosure of confidential deal terms
• Special issues when client wrongdoing is discovered

Sponsored by the Idaho Law Foundation, Inc.
Boise Centre - 850 W. Front Street - Boise, ID

**In person attendance only

4.0 CLE credits of which 1.0 is Ethics – NAC Approved

Registration Fee:  $130.00 or $145.00 the day of the event.

Registration/Continental Breakfast begins at 7:30 a.m.

The New Attorney Program consists of an introduction on Idaho practice, procedure and ethics. This course meets the CLE requirements of Idaho State Bar Commission Rule 402(f)(3).

Program agenda and speakers TBA

Sponsored by the Idaho State Bar Taxation, Probate and Trust Law Section

**Due to the uncertainty of the situation of COVID-19, this CLE will be postponed to a date to be determined.  The new date will be posted on the ISB/ILF calendar as soon as it set.  
 

Monday, May 4, 2020

The Law Center - 525 W. Jefferson Street - Boise, ID

9:00 a.m. - 12:15 p.m. (MT)

3.0 CLE credits of which 1 is Ethics - NAC Approved (pending)

**Live webcast available

Registration & Continental Breakfast begins at 8:30 a.m
 

Program Agenda

9:00 am     Notarial Innovations, Precepts, and Definite No-no's!!!
                   Dennis S. Voorhees, Canyon River Law, LLP
                   Paul B. Burris, Creason, Moore, Dokken & Geidl, PLLC and
                   Nathan R. Palmer, Racine Olson, PLLP

10:00         Lawyer as Fiduciary: IOLTA Accounts
                   Scott R. Learned, Learned Lawyer, PLLC

11:00         Break

11:15         Ethics and Estate Planning
                   Kimmer W. Callahan, Callahan & Associations, Chtd.

Registration Fee:

Taxation, Probate & Trust Law OR Young Lawyers Section Members - $95.00

Non-Section Members - $120.00

Law Students - $35.00

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.

Registration Fee:  $55.00

A bedrock principle of lawyer ethics is that lawyers owe their clients loyalty, free of conflicts of interest, unless those conflicts are waived by a client in writing. Clients are entitled to zealous representation without the lawyer being conflicted by other representations. When a conflict arises, the lawyer is required to decline the representation, unless the conflict is explicitly waived by the client.  But waivers are not always easily accomplished.  They must be carefully drafted, particularly when it purports to be of an anticipated conflict, not an existing conflict. This program will provide you with a practical guide to the rules governing conflict waivers, types of waivers, and drafting tips.

• Key provisions of waivers and ensuring there is “informed” consent
• Advance waivers – drafting waivers for anticipated conflicts
• Types of advance waivers – stating subject area, adverse parties, neither or both
• Sources of rules and practical guidance on drafting waivers
• Common mistakes made in drafting waivers
• Consequences of ineffective waivers

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.

Registration Fee:  $55.00

Law practice without email is difficult to imagine.  Clients and courts not only use it but expect lawyers to use it for communications. But email comes with a host of substantial ethical issues.  Is email secure?  Can it be used to – even inadvertently – create an attorney-client relationship? How does email impact the attorney-client privilege?  What about email conversations with a represented adversary?  How can confidentiality and other ethical duties be satisfied when law firms almost always work with outside vendors to provide email?  These and other substantial ethical questions will be discussed in this practical guide to the ethical issues when lawyers use email in their practices.

• Beginning an attorney relationship via email – intentionally and inadvertently
• Effect on attorney-client privilege when using a vendor for email
• Discarding/deleting email and working with outside vendors
• Ex parte communications with represented adversaries
• Corporate counsel issues – in-house creation of documents, legal v. business advice
• Inadvertently sent email and metadata embedded in email

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.

Registration Fee:  $55.00

Every representation involves “bad” facts and/or “bad” law – facts and law that run counter to a client’s objectives.  Ethical tensions and issues arise when a lawyer has to disclose bad facts or law to a court or administrative panel, or even to an adversary. At what point does the lawyer’s duty as a member of the bar and officer of the court require disclosure even when it is adverse to a client’s interest whom the lawyer must zealously represent?  What are the limits to how a lawyer may represent an adverse fact or adverse law, even unpublished law, to an adversary?  Answering these difficulty questions may not only impact the outcome of a representation but potentially expose ethical sanction.  This program will provide you with a practical guide to the ethical issues surrounding bad facts and bad law in client representations.

• Lawyer ethical duties to disclose bad facts and bad law
• Ethical issues surrounding the representation of adverse facts to tribunals and adversaries
• Duties to disclose adverse legal precedent to courts and administrative panels
• When is a lawyer required to disclose bad fact or law versus when they may disclose?
• Timing issues – at what stage should adverse facts and law be disclosed?
• Related issues of confidentiality and the attorney-client privilege
• Ex parte communications with the courts – what’s ethically permissible, what’s not?

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.

Registration Fee:  $55.00

Ethical tensions are perhaps never as great as when a lawyer is in dispute with a client. The dispute may arise over fees, communication, perceived conflicts 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, 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.

• Disputes involving lawyers’ fees, communications, unfavorable result of representation, conflicts of interest, malpractice claims
• Confidentiality and self-defense – what disclosure of confidences is permissible?  
• Waivers and engagement letters to prevent dispute – or mitigate their damage
• Permissible and mandatory withdrawals from a representation
• Special attorney-client privilege issues in these disputes