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Ethics Basics; 38th Annual Meeting of the Labor and Employment Law Section
Navigating ethics issues are common challenges that employment law practitioners face. In this panel, two experts will discuss common ethical issues including, for example, the following: Are consensual sexual relations with clients ever permissible? During settlement negotiations, is it appropriate to engage in “puffing” or posturing? Must I disclose to my client that I am friends with opposing counsel? When a prospective client provides confidential information to an interviewing lawyer, may the interviewing lawyer disclose that information or use it to the prospective client’s disadvantage? Does an Attorney violate the duties of confidentiality and competence he or she owes to a client by using technology to transmit or store confidential client information when the technology may be susceptible to unauthorized access by third parties? What ethical responsibilities are involved in preserving the identity of trust account funds. What ethical obligations exist when client confidences may be disclosed or are disclosed by a secretary/non-attorney employee? May a lawyer continue to jointly represent multiple clients when their interests potentially or actually conflict so long as the lawyer has obtained the informed written consent of each client? Can a lawyer ethically agree with a client to a contingency fee which is based on a percentage of the combined amount of damages and any statutory fees awarded? May a contingency fee lawyer negotiate a fee agreement that gives first proceeds of any settlement to the lawyer and shift to the client the risk of nonpayment?
1 Legal Ethics
1 Participatory MCLE Credits
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