Employment investigations and litigation are ethics minefields for attorneys. The underlying matters often involve highly sensitive personnel decisions by managers, interactions between supervisors and employees, and/or disputes among employees. For attorneys, these matters involve potential conflicts of interest, confidentiality, privacy issues in investigations, all of which can have a material impact on later litigation. Other ethical issues specially arise if the attorney is in-house counsel. This program will provide you with a real-world guide to identifying ethics issues in employment practice, including issues in pre-trial investigations involving social media searches, confidentiality of sensitive personnel issues, conflicts of interest and waivers, and ethics in discovery practice.
• Joint representations – conflict management and waivers
• Ex parte communications – rules for current v. former employees
• Informal investigations – privacy, notice and consent issues
• Social media searches and employee use of work devices for personal use
• Discovery issues – what information can be ethically discovered and used in litigation?
• Special ethical considerations for in-house counselSpeakers:
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 more than 25 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.
Non-Members Must Register via Form