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Are Outside Counsel Guidelines a Threat to the Practice?


Level: Advanced
Runtime: 61 minutes
Recorded Date: April 20, 2020
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Agenda

• Conflicts
• Indemnity and Insurance
        - Indemnity Provisions
• Status of Outside Counsel Guidelines
        - Client Files and Use of Information
• Diversity

Runtime: 1 hour, 1 minute
Recorded: April 20, 2020

Description

Join this terrific panel of ABA members and ethics lawyers Anthony Davis, Bruce Green, and Eric Hirschhorn as they grapple with the issues and discuss whether the ABA Model Rules of Professional Conduct should be amended to address these and similar concerns or whenever these should be left to bargaining between clients and their outside counsel.

This program was recorded on April 20th, 2020.

Provided By

American Bar Association

Panelists

Eric L. Hirschhorn

Elected Member
The American Law Institute

Eric L. Hirschhorn most recently served as the Under Secretary of Commerce for Industry and Security, heading the Bureau of Industry and Security. President Barack Obama appointed Mr. Hirschhorn to the position in March 2010 and Mr. Hirschhorn was sworn in April 2, 2010. Mr. Hirschhorn left the position with the change of administration on January 20, 2017.

Mr. Hirschhorn oversaw the Commerce agency that advances U.S. national security, foreign policy and economic objectives by ensuring an effective export control and treaty compliance system and by promoting U.S. strategic technology leadership.

Mr. Hirschhorn was in private law practice from 1981 until 2010 with Winston & Strawn LLP and predecessor firms. He represented foreign and domestic clients on a wide range of commercial and regulatory matters. His practice included advising and assisting clients regarding export and embargo regulations, as well as about financing and other aspects of international transactions. Outside the international trade area, Mr. Hirschhorn's practice included trial and appellate litigation, along with lawyers' professional responsibility matters.

From 1980 to 1981, Mr. Hirschhorn served as Deputy Assistant Secretary for Export Administration at the U.S. Department of Commerce and oversaw U.S. export controls for items having commercial and military applications, antiboycott compliance, restraints on imports for national security reasons, and the department's participation in the Committee on Foreign Investment in the United States (CFIUS). Earlier, while a member of President Jimmy Carter's staff (1977-1980), he worked on reorganizing the government's international trade, public diplomacy, and foreign assistance mechanisms. Before working in the executive branch, Mr. Hirschhorn held several congressional staff positions, was in private law practice in New York City, and was a legal services lawyer.

Mr. Hirschhorn is the former Executive Secretary of the Industry Coalition on Technology Transfer (ICOTT), a group whose trade association and industry participants are affected by U.S. export control and embargo rules. He is the author of The Export Control and Embargo Handbook, whose third edition was published early in 2010 by Oxford University Press, and numerous articles on export controls, embargoes and related topics.

He is a member of the New York and District of Columbia bars, as well as the New York City Bar Association. He has served as member, vice chair, and chair of the DC Bar's Legal Ethics Committee and Rules of Professional Responsibility Review Committee. Mr. Hirschhorn received his B.A. degree from the University of Chicago and a J.D. degree from Columbia University, where he was a Harlan Fiske Stone Scholar.

Bruce A. Green

Louis Stein Chair of Law; Director, Stein Center
Fordham University School of Law

Bruce A. Green is the Louis Stein Chair at Fordham Law School, where he directs the Louis Stein Center for Law and Ethics. He teaches and writes primarily in the areas of legal ethics and criminal law, and is involved in various bar association activities. Currently, Professor Green chairs the ABA Criminal Justice Standards Committee and the Multistate Professional Responsibility Examination drafting committee, and is a member and past chair of the NY State Bar Association’s Committee on Professional Ethics. He previously chaired the NYC Bar Association’s Committee on Professional Ethics and the ABA Criminal Justice Section, served on the ABA Standing Committee on Ethics and Professional Responsibility, was the Reporter to both the ABA Task Force on Attorney-Client Privilege and the ABA Commission on Multijurisdictional Practice, and co-chaired the ethics committee of the ABA Litigation Section and Criminal Justice Section. Since joining the Fordham faculty in 1987, Professor Green has engaged in various part-time public service, including as a member of the NYC Conflicts of Interest Board, as a member of the attorney disciplinary committee in Manhattan, as Associate Counsel in the office of the Iran/Contra prosecutor, and as a consultant and special investigator for the NYS Commission on Government Integrity. Previously, aProfessor Green was a federal prosecutor in the Southern District of New York, where he served as Chief Appellate Attorney, and he was a judicial law clerk to Justice Thurgood Marshall and Circuit Judge James L. Oakes. In May 2018, Professor Green received the Michael Franck Professional Responsibility Award, given by the ABA Center for Professional Responsibility.

Mary T. McDermott

Senior Lead Counsel, Center for Professional Responsibilty
American Bar Association

Mary McDermott is a Senior Lead Counsel at the ABA's Center for Professional Responsibility.

Anthony E. Davis

Of Counsel
Clyde & Co. US LLP

Anthony Davis is a lawyer’s lawyer. He advises lawyers and law firms in the United States and internationally in the areas of professional responsibility, risk management and every aspect of the law governing lawyers. Anthony is the author of books, numerous scholarly articles, and the bi-monthly "Professional Responsibility" column in the New York Law Journal.

Anthony is a Lecturer-in-Law at Columbia University School of Law, teaching “Professional Responsibility Issues in Business Practice.” He is a past President of the Association of Professional Responsibility Lawyers (APRL), a Fellow of the College of Law Practice Management, and a Member of the American Law Institute (ALI).


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