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Joint Representation and Advance Waivers-Issues to Consider
California Lawyers Association Legal Ethics Committee
Joint representation and advance waivers are topics that increasingly arise, either because there are different attorneys from the same firm working on the same matter with different parties or because the clients have requested joint representation. This webinar will examine the ethical issues that should be considered before a law firm or attorneys decide to provide joint representation on a matter. It will also review advance waivers and what is necessary for them to be effective. The webinar will examine these issues in both the transactional and litigation contexts. It will also discuss the on-going responsibilities of the attorneys, and the steps that attorneys must take when an actual conflict of interest occurs.
1.5 Legal Ethics
1.5 Participatory MCLE Credits
Carl Chamberlin
Carl W. Chamberlin is an attorney, Vice-Chair of the Legal Ethics Committee of the Bar Association of San Francisco, and an adjunct professor at the University of California, Hastings College of the Law, where he has taught Trial Advocacy and other courses since 1999.
From 1985 to 1999, Mr. Chamberlin practiced law at Orrick, Herrington & Sutcliffe, focusing on intellectual property and complex civil litigation in federal and state courts. While there, he was named Chair of the Internet and Computer Litigation Group and received community awards for his pro bono activities. He also prosecuted cases as an Acting Assistant District Attorney for the San Francisco District Attorney’s Office and served local courts as an arbitrator and judge pro tem. Since 1999, he has worked for the California Court of Appeal as a Lead Appellate Court Attorney. Mr. Chamberlin has taught trial skills, deposition skills, motions practice, mediation, negotiations, legal strategy, and appellate advocacy through the National Institute for Trial Advocacy since 1992, most recently creating programs on remote depositions. He has also taught courses for the California Center for Judicial Education and Research and the Continuing Education of the Bar. His publications include the textbook, “Trial Advocacy: Strategy, Evidence, Skills and Ethics,” as well as numerous articles on civil litigation, legal ethics, and Internet law.
Dianne Jackson McLean
Dianne Jackson McLean has over 30 years of community economic development, real estate, tax-exempt financing, relocation, land use, and housing experience. Her practice includes the representation of former redevelopment agencies, public housing authorities, and other public agencies in major economic development projects and housing developments, including but not limited to shopping centers, hotels, public-private public housing developments under various financing programs provided by local, state or federal government agencies. She serves as general counsel and special counsel to public housing authorities and local city and county agencies in on-going agency administration, open meetings and public records requirements, relocation issues and related matters. She has substantial experience in all aspects of complex real estate closings, including the drafting of and/or reviewing and negotiating purchase and sale agreements, land disposition and development agreements, lenders loan documents, tax-exempt bond documents; resolving title issues, environmental issues, including issues related to hazardous materials and related matters. She prepares public agencies’ loan documents for rental housing and ownership housing developments, including secondary resale documents.
Ms. Jackson McLean also represents nonprofit housing developers in the development and construction of low and moderate-income rental and ownership housing, including mobile home parks. She provides all necessary legal services to develop various projects, including negotiating contracts to acquire land, review and negotiate lender documents from both the private and public sectors, review and negotiate partnership documents in transactions involving low-income housing tax credits.
In addition, Ms. Jackson McLean is a frequent lecturer and/or panel speaker at various conferences related to affordable housing, economic development, and ethics.
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We are committed to accessibility! All OnDemand programs after January 1, 2022 include closed captioning. To request closed captioning for a program older than January 1, 2022, send us a note at accessibility@calawyers.org or contact us at 916-516-1760 for assistance.
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