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When a Conflict of Interest Becomes a Lawsuit: Issues in Legal Malpractice Cases Based on Conflicts of Interest



Content Partner:  Celesq AttorneysEd Center

Price: $226.00*

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Description: Many malpractice cases filed against lawyers involve allegations of conflict of interest. As a matter of professional ethics, lawyers are prohibited from accepting (or continuing) representations where there is a conflict of interest.
 
This course will provide an overview of the conflict-of-interest rules, including discussion of Model Rules of Professional Conduct 1.7 and 1.9 and their New York counterparts. The course will then discuss the elements of malpractice claims and how they apply to allegations of ethical conflicts of interest, with a focus on defending against malpractice claims. Finally, we will discuss issues surrounding discovery of a firm’s conflicts clearing process and the internal discussions regarding potential conflicts, including best practices in a firm’s internal conflicts vetting process.
 
Learning Objectives:
 
  • A firm grounding in the purpose and application of professional ethics rules regarding conflict of interest.
  • A clear understanding of how allegations of conflict of interest can impact a claim for malpractice, as well as the limitations of such allegations in terms of stating a viable claim for malpractice.
  • Analysis of the assertion of attorney-client privilege against the client-plaintiff with regard to discovery of the conflict clearing actions and discussions within the defendant law firm. This will also include a discussion of best practices in conducting internal conflict reviews generally.

This live webinar is eligible for both CLE and CPE credit.
 
NOTE: CPE/CLE credit for attendees are subject to participation and approval by the governing boards.
NASBA CPE ACCREDITATION INFORMATION
Learning Level: Beginner
Prerequisites: None
Field of Study: Specialized Knowledge
Delivery Method: Group Internet Based
 
 
West Professional Development is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
 


Presenter Bios
 
Jarod Taylor represents clients in antitrust and other high-stakes, complex commercial litigation, arbitrations, and government investigations nationwide. He has represented clients in some of the largest litigations of the last few years, including multibillion-dollar, multidistrict class actions, and he has fought just as hard for individuals, including attorneys accused of malpractice and directors and officers whose careers were on the line in regulatory investigations.
 
Recognized among Best Lawyers in America’s “Ones to Watch,” Jarod is equally at home in the courtroom and in the boardroom. Clients value his client-first approach—he understands his clients’ businesses, tailors litigation strategy to their business needs, and welcomes client input at every stage of the case.
 
Jarod has particularly deep experience representing pharmaceutical companies and clients based outside of the United States, but has represented clients in industries as diverse as insurance, entertainment, and banking, in addition to representing law firms against legal malpractice claims. Those representations include headline-grabbing matters requiring public relations expertise, including representing Redbox in its contentious copyright dispute against the Walt Disney Company and the former President and CEO of the Queens Borough Public Library in litigation against the library and two of its trustees. His creative approach often prevails against the odds. For example, he has persuaded the U.S. Securities and Exchange Commission (SEC) to issue a declination letter declining to bring an enforcement action against a publicly traded company’s chief financial officer, pointing to reliance on the company’s outside auditors and resulting in an action against the auditors rather than the CFO.
 
Jarod also maintains an active pro bono practice and has helped a number of refugees obtain asylum. 


Thomas Rohback is an experienced trial, appellate, and class action lawyer, who was profiled by The National Law Journal among a group of "successful business litigators in the U.S. who used innovative tactics to help them win major trial victories." Chambers USA described him as "a first-class trial lawyer...and a brilliant cross-examiner." He has in-depth experience of trial and appellate litigation, and class actions throughout the USA. He has also been praised in Chambers USA as being "great at simplifying complex matters for a jury."
 
During one year, Tom tried three federal court jury cases in a three-month period and obtained a directed verdict in each case.
 
Throughout the United States, Tom’s cases have involved diverse areas of the law ranging from professional liability to antitrust to anti-terrorism litigation. He represents clients across many industries, including manufacturing, financial services, insurance, utilities, and telecommunications.



Practice Areas: Ethics & Professional Responsibility
Online Media Type: Video
Production Date: 07/24/2024 2:00 PM EDT
Level: Intermediate
Category: Standard
Duration: 1 Hours, 30 Minutes
Online Format: Live
Course Type: Public

Click here for information on subscription discounts and Group Viewing opportunities.

Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 

 

West LegalEdcenter will not provide accreditation for states not listed. 



CLE Scholarship information
Tuition Assistance for legal professionals taking our programs. Learn more about the program.


This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.







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Credit Eligibility:
Click on the jurisdiction to view credit eligibility details for this program

AB, AK, AL, AR, AZ, CA, CEU, CLP, CO, CPE-NASBA, CPE-NCMA, CT, FL, GA, GU, HI, ID, IL-EXPER, IL-NEWADMIT, IN, MB, ME, MN, MO, MS, MT, NC, ND, NF, NH, NJ, NM, NS, NT, NU, NV, NY-EXPER, NY-TRANS, OH, OK, PA, PE, PR, TN, UK-BSB, UK-SRA, VI, VT, WA, WI, WV, WY, YT
Alaska
Total Credits: 1.5
Specialty Credits: Ethics 1.5
Status: Reciprocal Credit Available
Expiration: 07/23/2025
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

Request credits for a state not listed.

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Speakers:
Tom Rohback - Axinn, Veltrop & Harkrider LLP
Jarod Taylor - Axinn, Veltrop & Harkrider LLP
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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