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Ethical and Effective: Enforceable Future Conflicts Waiver


Level: Intermediate
Runtime: 91 minutes
Recorded Date: April 18, 2018
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Agenda


  • Conflicts 101
  • Ethical and Effective Future Conflicts Waivers
  • Early Detection
  • Anticipated/Unanticipated Conflicts
  • Hot Potato Rule
  • Polling
Runtime: 1 hour and 31 minutes
Recorded: April 18, 2018

Description

Minimize your risk of disqualification from taking on a new client whose case is adverse to a current client's; learn when conflict waivers are ethical and enforceable and what must be included in the waiver.

Our panel of ethics and professional responsibility attorneys will provide an overview of recent court opinions on the enforceability of future conflicts waivers; discuss the types of factors and legal circumstances under which future conflicts waivers are likely to be enforced and offer practical language which should be included in the waivers.

This program was recorded on April 18th, 2018.

Provided By

American Bar Association
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Panelists

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Stephen Fedo

Partner
Neal, Gerber & Eisenberg LLP

Stephen, the firm’s General Counsel, represents the firm in all aspects of its operations with an emphasis on matters involving fiduciary relationships and professional conduct. Outside of these duties, he advises other law firms and lawyers on ethics issues and potential legal malpractice risks. He also serves as special counsel to the Illinois Supreme Court’s Board of Admissions to the Bar and its Committee on Character and Fitness.

His other professional experience includes extensive trusts and estates litigation, representation of entities and individuals in state and federal tax controversies, and trial and appellate work on a wide range of commercial disputes. He has litigated political and policy questions before courts in Illinois and throughout the country on behalf of public and private entities. Clients have always appreciated his straightforward, unvarnished opinions concerning litigation matters and his understanding of the uniqueness of each client’s challenges and the custom-built strategies they require.

Stephen received his JD at the University of Chicago Law School in 1981.

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Deanna S. Brocker

Attorney
The Brocker Law Firm, P.A.

Prior to reentering private practice, Deanna served as Assistant Ethics Counsel for the N.C. State Bar for over 10 years. She fielded thousands of telephone ethics questions and provided advice and written ethics advisory opinions to attorneys throughout the state. In addition, as staff liaison to the Ethics Committee of the Bar, she drafted proposed formal ethics opinions for consideration by the Ethics Committee. Deanna concentrates her practice in providing advice and compliance counseling, drafting employment, fee, and other agreements, and writing responses for professional clients. Testimonials from other lawyers on this site attest to her sound advice and professionalism.

Deanna also has published articles for the Ethics Page of the State Bar’s Journal and has lectured at continuing legal education seminars sponsored by Lawyer’s Mutual Liability Insurance Company and the North Carolina Bar Foundation, among others. She is a member of the Wake County Bar Association and the Law Practice Management and Technology Section of the North Carolina Bar Association. She served as Chair of the Law Practice Management and Technology Section of the Bar Association.

Prior to working at the State Bar, Deanna practiced with the law firms of Foley and Lardner, in Chicago, IL and Maupin Taylor Ellis & Adams in Raleigh, NC. She concentrated her practice in compliance counseling, advice, and litigation in environmental matters.

Before entering private practice, Deanna clerked for North Carolina Court of Appeals Judge Hugh A. Wells.

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Dane S. Ciolino

Professor of Law
Loyola University College of Law

Professor Ciolino serves as the Alvin R. Christovich Distinguished Professor of Law at Loyola University New Orleans College of Law. His current scholarly and teaching interests at Loyola include Professional Responsibility, Evidence, Advocacy and Criminal Law. Professor Ciolino graduated cum laude from Rhodes College in 1985, and magna cum laude from Tulane Law School in 1988, where he was inducted into Order of the Coif and selected as Editor in Chief of the Tulane Law Review. After graduation, he clerked for the United States District Court, Eastern District of Louisiana, and practiced law at Cravath, Swaine & Moore LLP in New York City, and Stone Pigman Walther Wittmann LLC, in New Orleans.

Since joining the faculty at Loyola, Professor Ciolino has served as reporter to the Louisiana State Bar Association Ethics 2000 Committee, as chairperson of a Louisiana Attorney Disciplinary Board Hearing Committee, and as a member of the following Louisiana State Bar Association committees: the Professionalism Committee, the Lawyer & Judicial Codes of Conduct Committee, and the Ethics Advisory Service Committee.


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