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Breaking Away From Bad: Avoiding Troublesome Clients and Ethically Handling Mistakes Made for the Good Ones



Content Partner:  Celesq AttorneysEd Center
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Description: The myth has been dispelled: attorneys are not perfect. Sometimes we take on clients we later regret; sometimes we make errors in handling a client matter. Neither are situations any lawyer wants to be in, but since they most likely will happen to you at least once, it’s important to know what you can do, as well as what you are required to do.
 
In this 60 minute video webcast, two professional responsibility lawyers will dig into these two distinct, but compatible issues. Learn about how to avoid “unworthy” clients and how to communicate about and address the mistakes you make for the clients you do take on.
 
Presenters will discuss a number of the ABA Model Rules of Professional Conduct, including 1.1, 1.2, 1.3, 1.4, 1.8, and 1.16.
 
LEARNING OBJECTIVES:
There are two kinds of “bad” every lawyer wants to avoid: making a mistake that impacts a client, and having a “nightmare” client. Be better prepared when “bad” happens to you! This webcast explores:
  • appropriate steps to ensure you don’t take on “bad” clients (Model Rules 1.2, 1.16)
  • the kinds of ethical infractions that become more likely with problematic clients
  • the scope of the duty to communicate with clients under Model Rule 1.4
  • what it means when a lawyer comes to realize that he or she may have made a misstep in handling a matter (Model Rule 1.8)
 
 
Trisha Rich is an attorney in the Holland & Knight's Chicago and New York offices, the national co-chair of the firm's Legal Profession Team and a member of the Litigation and Dispute Resolution practice. Ms. Rich also serves as the Deputy Professional Responsibility Partner for Holland & Knight's Chicago office. Her practice focuses on legal ethics and professional responsibility matters and complex commercial litigation.
 
Ms. Rich is a national leader in the legal ethics community. She founded and coordinates the Attorney Defense Initiative, the nation's first privately sponsored pro bono initiative that focuses on assisting impaired lawyers facing disciplinary charges. Ms. Rich serves on the board of directors of the Association of Professional Responsibility Lawyers as the organization's secretary, and is a frequent speaker and author on a variety of issues related to ethics and risk management. She is currently an adjunct professor at New York University School of Law, where she teaches legal ethics and professional responsibility. She previously taught legal ethics at Northwestern University Pritzker School of Law. Ms. Rich is also a member of the Ethics Commission of Metropolitan Water Reclamation District of Greater Chicago, which adjudicates ethics complaints involving the agency’s governmental officers and employees.
 
In her professional responsibility practice, Ms. Rich advises lawyers, law firms, legal tech companies, and in-house counsel on a variety of issues related to professional responsibility and legal ethics, along with risk management, including legal malpractice, partnership and corporate structuring, regulation, law firm management and employment issues, fee disputes, conflicts and disqualification issues, confidentiality, privilege, attorney disciplinary defense, character and fitness proceedings, and all areas of legal ethics. Ms. Rich also advises both law firms and lawyers on ethical and fiduciary issues related to lateral hiring, law firm dissolution and expulsion matters. She also serves as an expert witness on legal ethics and professional responsibility matters, including partnership and fee disputes.
 
In her commercial litigation practice, Ms. Rich represents a wide variety of clients in litigation and other disputes, including national and international companies, small businesses, municipalities and state agencies, and individuals. She has extensive experience in resolving disputes between businesses and represents clients at the trial and appellate levels in a wide variety of matters, including actions for breach of contract, tort claims, breach of warranty, fraud, consumer fraud, deceptive trade practices, tortious interference and all aspects of real estate, property management and receivership litigation. Ms. Rich also has broad experience representing financial institutions in all types of litigation, including consumer financial litigation. Ms. Rich also has experience serving as an arbitrator.
 
Ms. Rich has first- and second-chaired many trials and evidentiary hearings in both state and federal courts, and has represented clients in administrative hearings. She is a member of the Trial Bar for the Northern District of Illinois, has argued before the U.S. Court of Appeals for the Seventh Circuit and is a 2012 graduate of the National Institute for Trial Advocacy's national trial practice program.
 
Prior to practicing law, Ms. Rich taught practical and theoretical ethics at two universities.
 
Brian S. Faughnan is a shareholder and practices in the firm’s Memphis office. Brian also serves as Lewis Thomason’s Associate General Counsel and works in conjunction with the firm’s president in all ethics and professional responsibility matters within the firm. In addition to the area of lawyer ethics and professional responsibility, Mr. Faughnan’s practice is focused on commercial litigation, appellate litigation, and media law. Mr. Faughnan is a frequent author and speaker on ethics and professional responsibility issues. He shares his thoughts on ethics and lawyering at his blog, Faughnan on Ethics. He is a co-author of the book “Professional Responsibility in Litigation” and “Professional Responsibility in Litigation, Second Edition” published by the ABA.


Practice Areas:
Online Media Type: Audio
Production Date: 08/31/2021 12:00 PM EDT
Level: Intermediate
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format: Live
Course Type: Public

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Speakers:
Trisha Rich - Holland & Knight
Brian Faughnan, Esq. - Lewis Thomason
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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