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Collapse LIVE REPLAY: Lawyer Ethics When Working with Paralegals (Live Audio Streaming)

Lawyer Ethics When Working with Paralegals

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

October 3, 2022

11:00 a.m. – 12:00 p.m. (MT)

**Replay of Live Audio Stream

1.0 Ethics credit

Registration Fee:  $55.00

Please Note: If you received credit for this course for January 26, 2022 you will not be able to receive credit for attending this replay.  This replay will count as live CLE credit.

Paralegals are often essential for lawyers to successfully practice law.  Paralegals conduct basic legal research, help review and prepare documents, and sometimes screen clients.  Still, they are not lawyers and not directly subject to the ethics rules applicable to lawyers. But the lawyers who supervise their work are responsible for their actions and liable for any improper conduct.  Lawyers are responsible for ensuring that their paralegals’ work conforms to ethics rules. If a paralegal’s actions breach client confidentiality, compromise the attorney-client privilege, or are otherwise improper, the supervising lawyer is ethically responsible for that misconduct.  This program will provide you with a practical guide to how ethics rules make supervising lawyers responsible for the actions of their paralegals. 

Topics

  • Conflicts of interest and the attribution of paralegal knowledge about client matters
  • Determining when paralegal research and document preparation becomes the unauthorized practice of law
  • How paralegals must be instructed about client confidentiality – and lawyer consequences on breach
  • Attorney-client privilege implications when clients communicate with paralegals – and risk of inadvertent disclosure
  • Issues when paralegals participate in discovery
  • Fee sharing with paralegals
Formats Available: Live Teleseminar
Original Seminar Date: October 03, 2022

Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE REPLAY: Lawyer Ethics When Working with Paralegals (Live Audio Streaming)
    Collapse LIVE EVENT: Protection Orders: An Overview (Webcast Only)

    Protection Orders: An Overview

    Sponsored by the Fifth District Bar Association

    Thursday, October 13, 2022
    12:00 p.m. to 1:00 p.m. (MT)

    *Live Webcast Only

    Cost: FREE

    1.0 CLE – NAC Approved (pending)

    Please join the Fifth District Bar Association as they welcome the Hon. John B. Lothspeich, Fifth District Magistrate, for an informative overview of Civil Protection Orders, criminal No Contact Orders, and associated issues in their issuance and applications.

    The Fifth District Bar Association invites all members of the Idaho State Bar to join in this informative CLE at no cost.

    Formats Available: Live Webcast
    Original Seminar Date: October 13, 2022

    Approved Credit:
  • ISB: 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE EVENT: Protection Orders: An Overview (Webcast Only)
    Collapse LIVE EVENT: 2022 Health Law Seminar (In-Person and Webcast)

    2022 Health Law Seminar

    Sponsored by the Idaho State Bar Health Law Section

    Friday, October 14, 2022

    11:00 am – 2:00 pm MT

    University of Idaho College of Law – Boise

    501 W. Front St., Room 221/ Live Webcast

    2.5 CLE credits

    Registration:

    General Registration                  $80

    Health Law Section Member      $50

    Law Students                              No Cost

     

    Take advantage of Section benefits, join the Health Law Section here for $25!

     

     

    Seminar Agenda

    10:45 a.m.

    Welcome Remarks

    Mallam J. Prior, Section Vice Chair

    11:00 a.m. – 12:15 p.m.

    The New Litigation Frontier Post-COVID

    Keely E. Duke, Duke Evett, PLLC

    Trudy H. Fouser, Gjording Fouser, PLLC

    Andrew C. Brassey, Brassey Crawford, PLLC

    12:15 – 1:00 p.m.

    Hosted Lunch

    1:00 – 2:15 p.m.

    Updates on the Regulatory Health Law Landscape

    Thomas J. Mortell, Hawley Troxell Ennis & Hawley, LLP

    Caitlin E. O’Brien, Smith + Malek, PLLC  

    Aubrey D. Lyon, St. Luke’s Health System

     

     

    2:15 p.m.

    Closing Remarks

    Mallam J. Prior, Section Vice Chair

    Formats Available: Live Webcast - General Registration, Attend In-Person - General Registration
    Original Seminar Date: October 14, 2022

    Approved Credit:
  • ISB: 2.50 hours Total MCLE Credits

  • MORE INFOMORE INFO LIVE EVENT: 2022 Health Law Seminar (In-Person and Webcast)
    Collapse LIVE EVENT: 2022 Employment Law Seminar (Boise/Webcast)

    2022 Employment Law Seminar

    Sponsored by the Idaho State Bar Employment and Labor Law Section

    Wednesday, October 19, 2022

    8:30 am – 2:00 pm MT

    University of Idaho College of Law – Boise

    501 W. Front St., Room 221 / Live Webcast

    4.5 CLE credits of which 0.5 is Ethics

    Registration:

    Members of Employment and Labor Law Section             $100

    Non-Members                                                              $140

    Law Students                                                               Free for the first 20 to register         

    Every registrant will receive an electronic copy of the newly updated 2022 Idaho Employment Termination Law Handbook.

    Seminar Agenda

    8:30 am          Continental Breakfast and Registration

    8:45 am          Welcome Remarks

                           K. Jill Bolton and Jennifer S. Dempsey, Section Co-Chairs

                           Dean Johana Kalb, University of Idaho, College of Law

    9:00 am          Idaho Termination Law Handbook Update

                           Emily A. MacMaster, MacMaster Law PLLC

                           Susan Hunt, Student, University of Idaho, College of Law

                           Charles A. "Chad" Johnson, Strindberg Scholnick Birch Hallam Harstad Thorne

    9:45 am          Break

    10:00 am        Idaho Supreme Court Treatment of Claims for Wrongful Discharge in Contravention of Public Policy

                            John E. Rumel, University of Idaho, College of Law

    10:45 am        Employment Law Damages Panel

                             Mary Barros-Bailey, Intermountain Vocational Services, Inc.

                             DeAnne Casperson, Casperson Ulrich Dustin PLLC

                             Lenore D. Romney, Romney Financial Forensics, LLC

                             Moderator:  Ryan Dustin S. Dustin, Casperson Ulrich Dustin PLLC

    12:00 pm          Hosted Lunch

    12:15 pm          Ethics Lunch Presentation

                              Joseph N. Pirtle, Idaho State Bar Counsel

    12:45 pm           Keynote Address: Bostock and Beyond:  LGBTQ Rights in the Workplace

                               Thomas J. Mew, Buckley Beal, Atlanta

                               Plaintiff/Appellant's Counsel in Bostock v. Clayton County

    2:00 pm              Closing Remarks

                                 K. Jill Bolton and Jennifer S. Dempsey, Section Co-Chairs 

     

     

    Formats Available: Webcast - Section Member, Attend In Person - Section Member
    Original Seminar Date: October 19, 2022
    On-Demand Release Date: Available Now

    Approved Credit:
  • ISB: 4.50 hours Total MCLE Credits, 0.50 hours Including Ethics

  • MORE INFOMORE INFO LIVE EVENT: 2022 Employment Law Seminar (Boise/Webcast)
    Collapse LIVE EVENT: Ethics and Virtual Law Offices (Live Audio Streaming)

    Ethics and Virtual Law Offices

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

    October 24, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    Registration Fee:  $55.00

    Technology allows lawyers far more flexibility to practice law virtually – from home or in shared settings – than ever before.  No longer must they maintain freestanding offices, support staff, and libraries. Lawyers can set-up offices in their homes, communicate with clients, adversaries and the courts electronically, outsource overflow work to co-counsel or vendors, and establish web sites that can reach potential clients. These “virtual” practices are increasingly commonplace, but the relative ease with which they are established obscures many significant ethical issues. This program will provide you with a practical guide to significant issues when lawyers and law firms establish “virtual” law practices.

    Topics

    • Disclosure to clients of the virtual character of a law practice
    • Electronic communications, confidentiality, and ethical risks in virtual practices
    • Ethical issues when lawyers share office space or other resources but practice separately
    • How Web sites and a “virtual” presence implicate multijurisdictional practice issues
    • Outsourcing work to vendors or co-counsel, and ensuring its competently performed
    • Requirements and risks when offering legal advice across state lines
    • Duty to understand law office technology as a duty of competence

     

    Formats Available: Live Teleseminar
    Original Seminar Date: October 24, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE EVENT: Ethics and Virtual Law Offices (Live Audio Streaming)
    Collapse LIVE EVENT: 2022 Annual Workers Compensation Seminar (In-Person Only)

    2022 Annual Workers Compensation Seminar

    Sponsored by the Idaho State Bar Workers Compensation Section

    6.0 CLE credits – NAC Approved

     

    Thursday, October 27th – Welcome Reception

    Friday, October 28th – CLE Program

    **In Person Attendance Only

    Shore Lodge

    501 W Lake St, McCall, ID 

    Registration:

    Section Members: $175.00

    Non-Section Members: $200.00

    Take advantage of Section benefits, and join the Workers' Compensation Section for only $40! Sign up here.

    The Workers’ Compensation Section is hosting its Annual Conference at the beautiful Shore Lodge in McCall, Idaho.  The conference will include a variety of topics involving workers’ compensation law that will enhance your knowledge and your practice.

     

    Seminar Agenda

    Thursday, October 27, 2022

       Welcome Reception from 5:30pm – 7:30pm in the Lower Pavilion.

    Friday, October 27, 2022

                         Registration / Continental Breakfast on Friday, October 28th at 8:00 a.m.

    8:30 am      State of the Industrial Commission

                       Thomas P. Baskin, Idaho Industrial Commission

    9:30 am      The Impact of the Opioid Lawsuits on Pain Management

                       Dr. Richard Radnovich. D.O.

    10:30 am    Break

    10:45 am    The Anatomy of Upper and Lower Extremity FCEs

                       Benjamin Kuznia, PT, DPT, OCS, CMP, RehabAuthority

    11:45 am    Hosted Lunch, Workers’ Compensation Section Meeting and Professionalism Award Presentation to Dennis Burk

    1:00 pm      An Analysis of the Idaho Labor Market During COVID

                       Jan Roeser, Idaho Department of Labor

    2:00 pm      Caselaw Review

                       Matthew J. Vook, Petersen, Parkinson & Arnold, PLLC

                       Mark C. Peterson, Hawley Troxell Ennis & Hawley, LLP

    3:00 pm      Break

    3:15 pm      The Exclusive Remedy Rule after Gomez v. Crookham

                        Andrew A. Adams, Curtis, Porter & Adams, PLLC

    4:15 pm      End of Program

     

    Lodging

    Shore Lodge

    501 W Lake St, McCall, ID 

    Lodging at the Shore Lodge: For online booking options at our discounted rates, please click HERE.  For the rate for a standard room, please call the hotel (800) 657-6464 and mention “Idaho State Bar – Workers Comp Conference.”

    There are a limited number of rooms available so book as soon as possible for the best options.  All rooms must be booked by Tuesday, September 27th.

     

    Formats Available: Attend In-Person - Section Members
    Original Seminar Date: October 27, 2022
    On-Demand Release Date: Available Now

    Approved Credit:
  • ISB: 6.00 hours Including NAC, 6.00 hours Total MCLE Credits

  • MORE INFOMORE INFO LIVE EVENT: 2022 Annual Workers Compensation Seminar (In-Person Only)
    Collapse LIVE EVENT: Idaho Family Law Fall Conference 2022 (In-Person Only)

    Idaho Family Law Fall Conference 2022

    Sponsored by the Idaho State Bar Family Law Section

    Friday, October 28th and

    Saturday, October 29th

    *In-Person Attendance Only

    The Coeur d’Alene Resort
    115 S. 2nd Street – Coeur d’Alene

    13.5 CLE credits of which 1.25 is Ethics and 3.0 are NAC Approved (pending)

    Registration:

    Family Law Section Members: $350.00

    Standard Registration / Non-Section Members: $375.00

    Law Students: $200.00

    Take advantage of Section benefits, and join the Family Law Section for only $30! Sign up here.

     

    Agenda

    Thursday October 27, 2022:5:30 p.m. - 7:30 p.m. (Bay 2) Welcome Reception and networking opportunity - Coeur d’Alene Resort and Hotel, Coeur d’Alene, Idaho

    Day 1: Friday October 28, 2022:

    7:00 a.m. – 9:00 a.m.            Continental breakfast

    8:00 a.m. – 12:00 p.m.          Keynote: Handling High Conflict Family Law Disputes

                                                   Bill Eddy, LCSW, Esq.  High Conflict Institute www.HighConflictInstitute.com

    12:00 p.m. – 1:00 p.m.         Hosted lunch Coeur d’Alene Resort

    1:00 p.m. - 3:15 p.m.            Breakout sessions

                          Breakout 1      Being part of the Solution Instead of Part of the Problem:

                                                  Resolving High Conflict Cases

                                                   Sarah K. Mello, Mello Law, PLLC

                                                   Frances R. Stern, MSBT Law

                          Breakout 2      Assessing Risk, Safety, and The Children’s Best Interests: What we Know

                                                   and What we Don’t     

                                                   Dr. Steven Tutty, Phd, Northwest Family Psychology

                          Breakout 3     Interactive Workshop

                                                  Bill Eddy, LCSW, Esq., High Conflict Institute

    3:15 p.m. -3:30 p.m.               Break

    3:30 p.m – 5:30 p.m.              Idaho Magistrate Judge’s Panel

                                                   Hon. Lori T. Meulenberg,1st Judicial District Magistrate

                                                   Hon. Karin R. Seubert, 2nd Judicial District Magistrate

                                                   Hon. Kerry E. Michaelson, 3rd Judicial District Magistrate

                                                   Hon. Laurie A. Fortier, 4th Judicial District Magistrate

                                                   Hon. Diane M. Walker, 4th Judicial District Magistrate

                                                   Hon. Aaron N. Thompson, 6th Judicial District Magistrate

    6:30 p.m. – 7:00 p.m.             No Host Cocktail Social

    7:00 p.m. – 9:00 p.m.             Buffet dinner and Awards presentation

     

    Day 2: Saturday October 29, 2022 (all sessions are in Bay 2)

    7:00 a.m. – 9:00 a.m.              Continental breakfast

    8:00 a.m. – 9:00 a.m.              Idaho Family Case Law Update

                                                    McKenzie Whatcott, Cosho Humprey

    9:00 a.m. – 10:00 a.m.           Dealing with a pro se Party: How to Navigate the

                                                   Professional Ethics Mine Field

                                                    Anne Solomon, Flammia and Solomon

    10:15 a.m. – 1:15 p.m.           Dumpster Fires: Managing Parent Child Contact Problems (PCCP) 

                                                    Jennifer Ritter, LCPC

                                                    Nekane Arrieta-Resnick, LCPC; 

                                                     Kristie Browning, MPA, CPM

    1:15 p.m.                                 Conference concludes

     

    Lodging

    The Coeur d’Alene Resort
    115 S. 2nd Street – Coeur d’Alene

    Reservations: 

    Individuals can make their reservations by using the online link below or by calling the The Coeur d’Alene Resort Reservations Department seven days a week from 8 am to 8 pm (PT) at 888-956-6542, then press #2 and then #1 to get Group Reservations.  Rooms must be booked by September 26th.

    Reserve Your Hotel Online Here

    Please note that the reservation link covers Thursday through Saturday.  If you would like to extend your stay on either side of the event dates, please contact the Reservations Department at 888-956-6542, to receive the group rate based on the overall resort availability.  We recommend booking your room early as this resort is very popular and books up several months in advance.

    Rates:

    Guest Room Nightly Rates are as follows plus tax.

    North Wing –  $219

    Park Tower –  $249

    Lake Tower –  $279

     

     

     

     

    Formats Available: Attend In-Person - Family Law Section Members
    Original Seminar Date: October 28, 2022
    On-Demand Release Date: Available Now

    Approved Credit:
  • ISB: 13.50 hours Total MCLE Credits, 1.25 hours Including Ethics, 3.00 hours Including NAC

  • MORE INFOMORE INFO LIVE EVENT: Idaho Family Law Fall Conference 2022 (In-Person Only)
    Collapse LIVE EVENT: Ethics in Discovery Practice (Live Audio Streaming)

    Ethics in Discovery Practice

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

    November 2, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    Registration Fee:  $55.00

    Discovery can be the most important phase of litigation, directing the course and outcome of the case.  How evidence is discovered, how it is used, and how mistakes in its handling are disclosed and remedied all raise very significant ethical issues. These issues – the risk of mishandling – are increased by the vast growth of ESI, electronically stored information. Litigators have certain obligations that their vendors comply with ethics rules. There are also issues surrounding the use of paralegals in discovery practice.  Failure to ensure ethics compliance during discovery can have a material adverse impact on the underlying litigation and draw an ethics complaint.  This program will provide you with a real-world guide to substantial issues ethical issues that arise in discovery practice and how to avoid ethics complaints. 

    Topics

    • Duty of candor to the tribunal during discovery
    • Ethical issues when you learn that a client is dishonest
    • Inadvertent disclosure privileged documents and their handling
    • Ethics in depositions – conferring with witnesses, using video depositions and more
    • Ethical issues in widespread data mining of discovery documents
    • Issues involving metadata in electronic files – documents, email, text messages
    • Attorney-client privilege and security issues of working with outside e-discovery vendors
    • Ethics and social media discovery
    Formats Available: Live Teleseminar
    Original Seminar Date: November 02, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE EVENT: Ethics in Discovery Practice (Live Audio Streaming)
    Collapse LIVE EVENT: Ethics in Trust and Estate Practice (Live Audio Streaming)

    Ethics in Trust and Estate Practice

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

    November 11, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    Registration Fee:  $55.00

    Trust and estate practice often sits at the intersection of money, aging clients, family drama, easy accusations of self-dealing and misdeeds, dispute – and anger.  This turbulent combination of circumstances can put attorneys in difficult ethical spots. Questions about the competence of aging clients in combination with family drama can easily lead to ethical complaints and eventually litigation. There are also issues of decision-making authority and confidentiality if someone other than the client is paying for the representation.  Conflicts of interest, especially where a longtime client may gift something to the attorney, are rife. This program will provide you with a practical guide to substantial ethical issues in trust and estate practice.

    Topics

    • Working with clients with diminished capacity and protecting against challenges
    • Confidentiality – understanding what information is confidential and when and to whom it can be disclosed
    • Conflicts of interest – joint and common representations, husbands and wives, multiple generations of a family
    • Gifts from clients – what lawyers may accept, what should they decline?
    • Special issues when someone other than the client pays for a representation
    Formats Available: Live Teleseminar
    Original Seminar Date: November 11, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE EVENT: Ethics in Trust and Estate Practice (Live Audio Streaming)
    Collapse LIVE EVENT: Ethics and Changing Law Firm Affiliation (Live Audio Streaming)

    Ethics and Changing Law Firm Affiliation 

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

    November 18, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    Registration Fee:  $55.00

    When a lawyer moves from one firm to another, it can be a fairly dramatic event.  The ethical issues for the lawyer and for his or her prior firm and new firm are substantial.  There are issues of when and how to communicate to clients and whether it’s done by the lawyer or the firm. There are issues of ongoing matters and what to do with client files.  In ongoing litigation or transactional matters, do lawyers withdraw pending a client decision about whether to move the matter to the lawyer’s next firm?  Is withdrawal even permitted?  There are also issues of conflicts of interest and how they are managed – for the lawyer who is changing law firm affiliation and for the firms involved. This program will provide you with a practical guide to ethical issues when lawyers change law firm affiliation.

    Topics

    • Ethical issues when lawyers change law firm affiliation
    • Propriety and timing of communications with the departing lawyer’s clients – by the lawyer or the firm?
    • Ownership and transfer of client files among law firms
    • Ongoing litigation or transactional matters – is withdrawal permissible?
    • Diligence for the new firm– conflicts, confidentiality, and screening
    • Issues when a solo practitioner joins a multi-lawyer firm

     

    Formats Available: Live Teleseminar
    Original Seminar Date: November 18, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE EVENT: Ethics and Changing Law Firm Affiliation (Live Audio Streaming)
    Collapse LIVE REPLAY: Professionalism for the Ethical Lawyer (Live Audio Streaming)

    Professionalism for the Ethical Lawyer 

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

    December 5, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    Registration Fee:  $55.00

    Ethics rules, the principles of professionalism, and sanctionable conduct are interrelated.  Lawyers have a duty to zealously represent their clients, but they do not have a duty to engage in offensive conduct that may be desired by clients. Lawyers have duties of confidentiality and honesty, but those duties do not always require pressing every advantage, such as when the lawyer knows that opposing counsel has made a material drafting error in a transactional document. In these and many other scenarios, ethics rules, professionalism, and potentially sanctionable conduct subtly interact.  This program will provide you with a practical guide to professionalism for the ethical lawyer.

    • Interrelationship of ethics rules, professionalism, and sanctions
    • Zealous representation v. needlessly embarrassing an adversary or third-party
    • Reacting to an adversary’s drafting errors in transactional documents
    • Ethics, professionalism and inadvertent transmission of communications
    • Duty to supervise and train subordinate lawyers and staff, including to ensure courtesy to clients, opposing counsel, and courts
    • Offering candid advice to clients and withdrawal when they demand offensive conduct
    • Avoiding discrimination and bigotry
    Formats Available: Live Teleseminar
    Original Seminar Date: December 05, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE REPLAY: Professionalism for the Ethical Lawyer (Live Audio Streaming)
    Collapse LIVE REPLAY: 2022 Ethics Update Part 1 (Live Audio Streaming)

    2022 Ethics Update Part 1

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

    December 14, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    Registration Fee:  $55.00

    This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attoarney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.

    Day 1:

    • Ethics and technology: A Potpourri
    • Ethics, competence, and AI: What are competence and the unauthorized practice of law in a specialized world?
    • Emerging issues in conflicts of interest, part 1

    Day 2:

    • Ethics of firing a client
    • Ethics and client development
    • Emerging issues in conflicts of interest, part 2
    Formats Available: Live Teleseminar
    Original Seminar Date: December 14, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE REPLAY: 2022 Ethics Update Part 1 (Live Audio Streaming)
    Collapse LIVE REPLAY: 2022 Ethics Update Part 2 (Live Audio Streaming)

    2022 Ethics Update Part 2

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

    December 15, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    Registration Fee:  $55.00

    This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attoarney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.

    Day 1:

    • Ethics and technology: A Potpourri
    • Ethics, competence, and AI: What are competence and the unauthorized practice of law in a specialized world?
    • Emerging issues in conflicts of interest, part 1

    Day 2:

    • Ethics of firing a client
    • Ethics and client development
    • Emerging issues in conflicts of interest, part 2
    Formats Available: Live Teleseminar
    Original Seminar Date: December 15, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE REPLAY: 2022 Ethics Update Part 2 (Live Audio Streaming)
    Collapse LIVE REPLAY: Ethics in Negotiations – Boasts, Shading, and Impropriety (Live Audio Streaming)

    Ethics in Negotiations – Boasts, Shading, and Impropriety

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

    December 22, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    Registration Fee:  $55.00

    Lawyers must always be truthful in their representations. Yet they must be zealous in representing clients. The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client. 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 a client’s interest.   Lawyers may also boast, signaling that a client’s position is stronger than is, in fact, the case. Navigating these gray lines is the difference between ethical representation and impropriety. This program will provide you with a guide to ethical issues in negotiations. 

    • Truthful representations v. zealous representations?
    • 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
    Formats Available: Live Teleseminar
    Original Seminar Date: December 22, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE REPLAY: Ethics in Negotiations – Boasts, Shading, and Impropriety (Live Audio Streaming)
    Collapse LIVE REPLAY: Ethics and Virtual Law Offices (Live Audio Streaming)

    Ethics and Virtual Law Offices (Live Audio Streaming)

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

    December 27, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    Registration Fee:  $55.00

    Technology allows lawyers far more flexibility to practice law virtually – from home or in shared settings – than ever before.  No longer must they maintain freestanding offices, support staff, and libraries. Lawyers can set-up offices in their homes, communicate with clients, adversaries and the courts electronically, outsource overflow work to co-counsel or vendors, and establish web sites that can reach potential clients. These “virtual” practices are increasingly commonplace, but the relative ease with which they are established obscures many significant ethical issues. This program will provide you with a practical guide to significant issues when lawyers and law firms establish “virtual” law practices.

    • Disclosure to clients of the virtual character of a law practice
    • Electronic communications, confidentiality, and ethical risks in virtual practices
    • Ethical issues when lawyers share office space or other resources but practice separately
    • How Web sites and a “virtual” presence implicate multijurisdictional practice issues
    • Outsourcing work to vendors or co-counsel, and ensuring its competently performed
    • Requirements and risks when offering legal advice across state lines
    • Duty to understand law office technology as a duty of competence
    Formats Available: Live Teleseminar
    Original Seminar Date: December 27, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE REPLAY: Ethics and Virtual Law Offices (Live Audio Streaming)
    Collapse LIVE REPLAY: Lawyer Ethics and Email (Live Audio Streaming)

    Lawyer Ethics and Email (Live Audio Streaming)

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

    December 28, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    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
    Formats Available: Live Teleseminar
    Original Seminar Date: December 28, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE REPLAY: Lawyer Ethics and Email (Live Audio Streaming)
    Collapse LIVE REPLAY: Ethics and Conflicts with Clients, Part 2 (Live Audio Streaming)

    Ethics and Conflicts with Clients, Part 2 (Live Audio Streaming)

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

    December 30, 2022

    11:00 a.m. – 12:00 p.m. (MT)

    1.0 Ethics credit

    Registration Fee:  $55.00

     

    Despite best efforts, lawyers may develop ethical conflicts with their clients.  Sometimes these conflicts may initially seem like positive developments. The lawyer may seek to buy into a client’s business enterprise or participate in a transaction, be offered a gift by a client, or even develop a romantic relationship with a client.  But these and many others come with substantial ethical issues.  Sometimes these conflicts may be more immediately problematic, as when a lawyer leaves a law firm and wants to take his or her clients to the new firm, or when a client refuses to pay legal fees, or worse, as when the lawyer has a duty to disclose certain acts of his or her own malpractice.  This program will provide you with a real world guide to lawyer conflicts with their clients and how to avoid or resolve them.

    Day 1:

    • Gifts – can lawyers accept from clients?
    • Business – can lawyers go into business with a client?
    • Departure – can lawyers take their clients to a firm?
    • Former clients – what duties does a lawyer have?

    Day 2:

    • Dishonest clients – what must you do?
    • Lawyers as witnesses – how do you handle the conflict and privilege issues?
    • Clients with diminished capacity – from whom do you take instructions?  What are the other issues?
    • Settlements – what if a client’s tactics are improper?
    • Malpractice – do you have a duty to disclose?
    Formats Available: Live Teleseminar
    Original Seminar Date: December 30, 2022

    Approved Credit:
  • ISB: 1 hour Including Ethics, 1 hour Total MCLE Credits

  • MORE INFOMORE INFO LIVE REPLAY: Ethics and Conflicts with Clients, Part 2 (Live Audio Streaming)