Legal Ethics: A Comprehensive Guide | On-Demand Webinar

Agenda:

Segment 1

Randy Johnston, Shareholder, Johnston Tobey Baruch

1. Covid trials – Something New under the Sun
   • Decorum issues: where were you sitting, what are you wearing.
   • Technology cost – must have x, y, z and changing.
   • Sophistication req’d: muting, inadmissible document.
   • Civility issues: no face-to-face interaction in future?
   • Witness coaching: Notes, laptops, phones, breaks etc.
   • Cross exam of runaway witness: interrupting?
   • Open to public/Others in the room w/ witness, juror? Live broadcast by others? Privacy concerns ?
   • Juror attention: use of phones, television, children
   • Juror pressure from spouses.
   • Loss of Majesty for courts and the profession.
2. Conflicts representing entities-some things never change.
   • ABA Rule 1.13
   • Creating a new entity with money guy and idea guy
   • 90% of new businesses fail
   • Problems with the LLCs: unincorporated associations
   • Directions from CEO that disadvantage minority owners
   • Documents, bills, etc. as evidence
3. Sex with clients-some things never changed!
   • Does your State have a rule? Texas does not.
   • ABA 1.8j: “relationship is almost always unequal”
     • chicken and egg approach: which first?
   • Miscellaneous factors matter:
     • anyone married,
     • sex in the office,
     • discounted bills,
     • hero worship,
     • care if disclosed
   • More than one person can be motivated to file a grievance.
4. Representing couples-who do you trust?
   • “We want X and not Y.”
     • Do you call the other to confirm?
   •  50% of marriages ended in divorce
     • may be adverse someday
     • 90% when there is a death of a child.
   • Biggest trap is for estate planners.
     • closer to one of the spouses than the other?
     • More likely to take the word of one?
   • Is past practice of the couple a defense?

Segment 2

Jim Doppke, Partner, Robinson Stewart Montgomery & Doppke LLC

1. Working remotely across state lines
   • Liberalizing trend began during early pandemic
   • Now several ethics opinions expressly approving of practice
   • Caution: “holding self out”
2. Virtual Practice – ABA Op. 498
   • Precautions re confidentiality and supervising employees
   • Special focus on data security and trustworthiness of software/devices/networks
   • Maintaining systems for paper/checks/files
3. Proposed changes to Rule 5.5
   • Enhancing lawyer mobility
   • Helping to close access-to-justice gaps
   • Complications for regulators (enforcement), practitioners (competition), and consumers?
4. Accepting fees from third-party payors
   • May be even easier/more common in remote work
   • Rule 1.8(f)
     • informed consent
     • no interference with the lawyer’s independence of professional judgment or client-lawyer relationship
     • information relating to representation of a client is protected as required by Rule 1.6.
   • how to protect information/privilege
   • how to ensure professional judgment remains independent
   • What if payor stops paying?

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