Lawyers Supervising Lawyers: Navigating Ethical Responsibilities

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

November 12, 2025

11:00 a.m. - 12:00 p.m. (MT)

*Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

*Please Note: If you received credit for this course for July 31, 2025 you will not be able to receive credit for attending this replay.  This replay will count as live CLE credit.

Lawyers are not only responsible for their own ethical conduct and decision making but also for the ethical practice of lawyers they supervise.  Whether it’s a partner supervising the work of an associate or the lead lawyer on a case supervising a group of partners and associates, the supervising lawyer has responsibilities to ensure that the lawyers he or she is supervising are ethically compliant. When subordinate lawyers violate ethics rules, supervising lawyers are potentially liable for that misconduct. This program will provide you with a guide to ethical issues when lawyers supervise other lawyers and non-lawyer support staff.

• Standards for ensuring compliance by subordinate attorneys and potential liability when they act improperly
• Lawyer supervision of paralegals and other non-lawyer staff
• Responsibilities of subordinate lawyers who rely on judgment of supervising lawyers
• Special issues involved in billing the work of subordinate and co-counsel attorneys, and paralegals
• In-house counsel of outside counsel

Are Independent Hearing Officers A Good Idea for Idaho’s Water?

Sponsored by the Idaho State Bar Water Law Section

Presented by McHugh Bromley Legal Education, LLC

Wednesday, November 5, 2025

8:30 am – 4:30 pm (MDT)

University of Idaho – Water Center, First Floor

322 E. Front St. - Boise

7.0 CLE credits including 1.0 Ethics

In Person attendance only*

Registration Fee:

Private Attorney                    $400

Government Attorney          $300

General Public                       $200

Students                                 $100

Agenda

8:30 am         Overview of the Issue

                        Candice McHugh, McHugh Bromley, PLLC                     

8:45 am         Idaho’s Office of Administrative Hearings, Ensuring Expertise and How to Keep Hearing Officers Independent and Without Bias.

                        Hon. Bryan A. Nickels, Office of Administrative Hearings

9:30 am         Idaho Agencies that Condut Their Own Hearings

                        Idaho Idustrial Commission  - Claire Sharp, Commission, Idaho Industrial Commission

                        Public Utilites Commission -  Preston Carter, Givens Pursley

10:30 am       Break

10:45 am       Western States’ Case Studies – What Do Other States Do and What Are Their Ethical Rules for Hearing Officers?

                        Jim Browitt, Browitt Law Office - Washington

                        Mathew Bain, Parsons Behle & Latimer - Montana

11:45 am       Lunch

12:15 pm      A Judicial Perspective - Do Independent Hearing Officers Do a Better Job Than In-House Hearing Officers?            

                        Justice Roger Burdick, Retired Chief Justice, Idaho Supreme Court

12:45 pm      How Does It Work Within IDWR & Code of Ethics Within the Agency

                        James Cefalo, Idaho Department of Water Resources

1:15 pm         Perspectives on Independent Hearing Officers for Idaho’s Contested Cases On Water Issues

                        Moderator: Candice McHugh, McHugh Bromley, PLLC

                        Panelists:

                        Thomas J. Budge, Racine Olson, PLLP

                        Christopher M. Bromley, McHugh Bromley, PLLC

                        Andy Waldera, Sawtooth Law Offices

                        James Cefalo, Idaho Department of Water Resources

2:15 pm         Summary of Proposed Legislation or Changes Within the Agency

2:30 pm         Small Group/Leader Led Discussions on What We’ve Learned Today – Revisions or Thoughts on Draft Legislation or Changes Within the Agency

3:15 pm         Report from Small Groups

                        Reasons Why We Should Change to Independent HO or OAH

                        Reasons Why We Should Keep Contested Matters within the Agency

4:00 pm         Next Steps/Recommendations Summary

4:30 pm         Program Concludes

*A recording will be made and available on demand after the program.

Basics of a Motion Practice - 2025 Mobile Monday Series - Session 2

Sponsored by the Idaho Law Foundation, Inc.

Monday, November 10, 2025

12:30 – 1:30 p.m. (MT)

1.0 CLE credit

**Live Webinar Only

Registration Cost: $45

Register for all 4 Mobile Monday Courses and save $30.

Join the Hon. Victoria A. Olds, Magistrate Judge in the Second Judicial District for a primer or refresher on the basics of filing motions in Idaho courts.

Joint Representations, Part 1: Civil Litigation Focus

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

November 25, 2025

11:00 a.m. - 12:00 p.m. (MT)

*Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

Joint representations in civil litigation present unique opportunities and significant ethical minefields that can derail cases and careers. This two-part program provides essential guidance on when joint representation serves clients' interests and when it creates insurmountable conflicts. Practitioners will learn to navigate these complex arrangements while maintaining ethical compliance and effective advocacy.

Part 1:

• Evaluate when joint representation benefits multiple parties in litigation
• Identify potential conflicts before they become ethical violations
• Master consent procedures and documentation for joint representations
• Understand the scope of shared confidentiality in joint arrangements
• Learn to structure retainer agreements for multiple-client representations

Part 2:

• Navigate withdrawal obligations when conflicts develop mid-litigation
• Handle strategic considerations for managing divergent client interests
• Address privilege issues unique to joint representation scenarios
• Develop communication protocols that protect all parties' interests
• Master fee allocation and billing practices in joint representations

Joint Representations, Part 2: Civil Litigation Focus

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

November 26, 2025

11:00 a.m. - 12:00 p.m. (MT)

*Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

Joint representations in civil litigation present unique opportunities and significant ethical minefields that can derail cases and careers. This two-part program provides essential guidance on when joint representation serves clients' interests and when it creates insurmountable conflicts. Practitioners will learn to navigate these complex arrangements while maintaining ethical compliance and effective advocacy.

Part 1:

• Evaluate when joint representation benefits multiple parties in litigation
• Identify potential conflicts before they become ethical violations
• Master consent procedures and documentation for joint representations
• Understand the scope of shared confidentiality in joint arrangements
• Learn to structure retainer agreements for multiple-client representations

Part 2:

• Navigate withdrawal obligations when conflicts develop mid-litigation
• Handle strategic considerations for managing divergent client interests
• Address privilege issues unique to joint representation scenarios
• Develop communication protocols that protect all parties' interests
• Master fee allocation and billing practices in joint representations

Navigating Conflicts of Interest, Part 1

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

December 9, 2025

11:00 a.m. - 12:00 p.m. (MT)

*Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

Conflicts of interest remain among the most common sources of legal malpractice claims and disciplinary actions. This comprehensive two-part program transforms conflict analysis from guesswork into systematic risk management through practical frameworks and real-world scenarios. Attorneys will develop the skills to identify, evaluate, and properly handle conflicts before they become career-threatening problems.

Part 1:

• Apply systematic conflict-checking procedures and documentation requirements
• Understand when conflicts are consentable versus absolutely prohibited
• Master client consent processes and required disclosures
• Learn to identify conflicts in transactional versus litigation contexts
• Develop intake procedures that catch conflicts before engagement

Part 2:

• Handle conflicts that arise during ongoing representations
• Navigate conflicts between current and former clients
• Understand imputation rules and their impact on law firm operations
• Develop firm-wide policies for conflict prevention and management
• Learn remedial measures when conflicts are discovered after engagement

Negotiation Ethics: Balancing Boasts and Integrity

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

December 4, 2025

11:00 a.m. - 12:00 p.m. (MT)

*Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

Lawyers must be truthful.  Yet they must be zealous in the representation of their clients.  The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client.  The negotiation may be a settlement of litigation or in connection with a transaction. The lawyer may make statements about the law or fact – or simply refrain from making statements because the lawyer knows certain facts or legal precedent are adverse to his or her client’s interest.   Lawyers may also “puff” or boast, signaling that a negotiating stance is firmer than a client’s true positon or more substantively valid than the law can reasonably support.  At some point, the gray ethical line is tripped and what the lawyer does becomes improper. This program will provide you with a real world guide to ethical issues in lawyer negotiations. 

• 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

The Exercise of Executive Power - 2025 Mobile Monday Series - Session 3

Sponsored by the Idaho Law Foundation, Inc.

Monday, November 17, 2025

12:30 – 1:30 p.m. (MT)

1.0 CLE credit

**Live Webinar Only

Registration Cost: $45

Register for all 4 Mobile Monday Courses and save $30.

Join Brian P. Kane, Executive Director of National Association of Attorneys General as he provides a historical review of the exercise of executive power and the basis of the power as set forth in the U.S. Constitution.

The Latest on Evidence in Idaho - 2025 Mobile Monday Series - Session 4

Sponsored by the Idaho Law Foundation, Inc.

Monday, November 24, 2025

12:30 – 1:30 p.m. (MT)

1.0 CLE credit

**Live Webinar Only

Registration Cost: $45

Register for all 4 Mobile Monday Courses and save.

Join the Hon. Jessica M. Lorello of the Idaho Court of Appeals for a review of the latest updates on the law of evidence in Idaho courts.

The Latest on Evidence in Idaho - 2025 Mobile Monday Series - Session 4

Sponsored by the Idaho Law Foundation, Inc.

Monday, November 24, 2025

12:30 – 1:30 p.m. (MT)

1.0 CLE credit

**Live Webinar Only

Registration Cost: $45

Register for all 4 Mobile Monday Courses and save $30.

Join the Hon. Jessica M. Lorello of the Idaho Court of Appeals for a review of the latest updates on the law of evidence in Idaho courts.

The One Big Beautiful Bill: Major Healthcare Impacts - 2025 Mobile Monday Series - Session 1

Sponsored by the Idaho Law Foundation, Inc.

Monday, November 3, 2025

12:30 – 1:30 p.m. (MT)

1.0 CLE credit

**Live Webinar Only

Registration Cost: $45

Register for all 4 Mobile Monday Courses and save $30.

Join health care attorneys Chelsea Kidney and Caitlin O’Brien of CHC Legal in Boise as they provide an in-depth legal analysis of the health care implications in Idaho and across the nation of the so-called One Big Beautiful Bill.

The Privilege: Exactly What Communications Between Attorney and Client are Protected?

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

November 19, 2025

11:00 a.m. - 12:00 p.m. (MT)

*Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

Attorney-client privilege seems straightforward until you're faced with corporate clients, third-party communications, or discovery disputes that challenge its boundaries. This program cuts through the confusion with practical guidance on when privilege applies, how it can be waived, and what communications truly remain protected. Learn to safeguard confidential communications while avoiding privilege pitfalls that could expose sensitive client information.

• Identify the precise scope and limitations of attorney-client privilege
• Understand privilege in corporate settings and multi-party representations
• Learn when third-party presence destroys or preserves privilege protection
• Master common privilege waiver scenarios and how to avoid them
• Develop strategies for asserting and protecting privilege in litigation

Brave New World: Lawyer Ethics & AI

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

December 16, 2025

11:00 a.m. – 12:00 p.m. (MT)

*Live Audio Streaming Only

1.0 Ethics credit

Registration Fee:  $55.00

*Please Note: If you received credit for this course for June 14, 2024, you will not be able to receive credit for attending this replay.  This replay will count as live CLE credit.

The use of artificial intelligence is not some distant prospect.  Many of the tools lawyers use today – online research platforms that suggest other areas for research, software packages that help complete forms or propose or assemble language, and discovery tools that sort through documents – are driven by artificial intelligence. These and other AI engineered legal tools raise substantial ethical issues. Are they the unauthorized practice of law? Have lawyers researched their capabilities such that they are competent to use them? How must lawyers supervise their use by non-lawyer staff?  This program will provide you with a guide to ethics issues when using software and other technology tools based on AI in law practice.

• What duties do lawyers have to investigate and understand AI in the tools they use?
• Does AI constitute the unauthorized practice of law (UPL) in a state?
• Do software packages that draft language and assemble forms violate ethics rules?
• What supervisory and training obligations do lawyers have for non-lawyer staff using these tools?
• Are there ethics concerns of using AI in discovery?
• Must lawyers warn clients that they use AI?

Internet Ethics: Navigating Lawyer Responsibilities Online

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc. 

December 15, 2025

11:00 a.m. - 12:00 p.m. (MT)

*Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

*Please Note: If you received credit for this course for September 4, 2025, you will not be able to receive credit for attending this replay.  This replay will count as live CLE credit.

The Internet is the uniform information appliance for communications, research, and marketing, for consumers and for lawyers.  You can easily research witnesses, parties, judges, and jurors with a simple Google search.  Add in social media searches – blogs, Facebook, Twitter and many other platforms – and you can develop a rich demographic profile of all of these individuals.  With a few keystrokes, you can pull down more information than ever before. You can also communicate freely, unmediated and unrestricted, with virtually anyone. All of these functions are valuable in litigation and transactional practice but also give rise to substantial ethics issues – not everything that the Web enables is proper. This program will provide you with a real world guide to ethics issues when lawyer engage in research and communication using the Internet. 

• Communicating with parties, opposing attorneys, and witnesses via email, social media, and texting
• Researching jurors, parties, witnesses and judges via social media
• Blogging or sending newsletters/law updates to clients
• Trends in texting, confidentiality, and discoverability
• Law firm marketing via the web

This CLE has been postponed until 2026 due to speaker availability.   We will post the new date as soon as we have it confirmed.  Those that have registered will receive refunds.

We apologize for any inconvenience.

Governance in Transition: Legal and Institutional Impacts of the Current Administration Across Government

Sponsored by the Idaho State Bar Government and Public Lawyers Section

Thursday, November 6, 2025

8:30 am – 12:00 pm (MT)

The Law Center

525 W. Jefferson St. – Boise

*Live Webcast Also Available

2.75 CLE credits

Cost:

General Registration                                                                     $ 100.00

Members of the Government and Public Lawyers Section    $   65.00

General Public                                                                                $   40.00

Law Students                                                                                  No Cost

Take Advantage of the Section Membership Registration Benefits Now: Join the Government & Public Sector Lawyers Section for only $30.

Join us for a discussion on the impacts of the changes in the federal government on state and local governments. 

Program Agenda

8:30 am        Refreshments & Registration

9:00 am        Executive Power: Changes in the Use of Executive Authority and What That Means for Government Attorneys

10:00 am      Break

10:15 am      Federalism and the Law: Conflicts and Cooperation Across All Government Levels in Response to Shifting Federal Priorities

11:15 pm      Ethical Considerations for Government Attorneys

12:00 pm      Program Concludes