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2014 Ethics in Litigation Update - 1 CLE hour, including 1 Ethics hour
This annual review will cover a wide range of ethics developments impacting your civil litigation practice. The program’s panel will discuss ongoing ethics developments in discovery of the growing mountain of digital information, focusing on text messages and voluntary disclosures on social media. The panel will also discuss ethical issues in joint defenses and common interest agreements, and a wide range of conflicts of interest developments. Settlement negotiations and what’s ethically permissible – and not – to communicate to adversaries will also be covered.
This two-part program will provide you with a practical discussion of important ethics developments, including discovery of digital communications, conflicts of interest, settlement negotiations, the attorney-client privilege and more.
Day 1 – June 4, 2014:
• Ethics, discovery and digital information – texting and social media
• Ethics in joint defense and common interest agreements
• Review of developments in conflicts of interest, part 1
Day 2 – June 5, 2014:
• Ethics in litigation settlement negotiations – what you can say and what you can’t
• Developments in asserting and preserving the attorney-client privilege in a digital world
• Review developments in conflicts of interest, part 2
Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP. His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility. He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com. Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit. Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law.
Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections. For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.
William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management. He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years. He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com. Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.