Justia Connect Webinars Conflicts of Interest: Identification, Analysis, and Prevention Systems

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Overview AI Webinar Summary

Conflicts of Interest: Identification, Analysis, and Prevention Systems

Conflicts of interest are among the most consequential — and most preventable — ethical issues in law practice. This program provides a structured approach to identifying and analyzing conflicts under the ABA Model Rules of Professional Conduct, documenting decisions, and building systems that detect conflicts early, before they threaten the representation.

Learning Objectives:

Recognize common conflict scenarios under the ABA Model Rules of Professional Conduct 1.7 through 1.11
Apply a consistent framework to analyze consentable versus non-consentable conflicts
Use informed consent and documentation to support defensible conflict decisions
Design conflict-check systems that scale with firm growth and matter complexity

Duration of this webinar: 60 minutes

Originally broadcast: July 30, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Understanding Conflicts of Interest

Charity Anastasio, the speaker, discusses the ABA Model Rules of Professional Conduct, focusing on rules related to conflicts of interest. She explains Rule 1.18, which pertains to prospective clients and confidentiality, and Rule 1.7, which is central to analyzing current client conflicts. Rule 1.8 addresses special conflicts, such as business relationships with clients, while Rule 1.9 deals with former clients. Rule 1.10 covers imputation of conflicts within a firm, and Rule 1.11 involves government employees. Charity emphasizes the necessity of a conflicts check system, since conflicts can accumulate over time and affect legal practice.

10:56 Common Conflicts and Procedures

Charity outlines common conflicts of interest and the importance of developing procedures tailored to specific practice areas. She defines an actual conflict of interest and explains the process of conducting a conflicts check before consultations. A screening procedure is described as a method to isolate attorneys with conflicts from relevant case information. Charity discusses conflicts analysis, which involves determining whether a conflict is waivable or requires withdrawal. She provides examples of potential conflicts, such as those between divorcing spouses.

23:29 Informed Consent and Confidentiality

Charity describes informed consent in managing conflicts of interest, requiring clear communication of risks and alternatives. Different jurisdictions may have varying definitions of informed consent, affecting how lawyers approach conflict management. Charity suggests using artificial intelligence to explore potential risks, especially for newer lawyers lacking experience. She discusses the interaction between conflicts of interest and confidentiality, using examples to illustrate the complexities involved. She explains ABA Model Rule 1.6, which allows limited disclosure for conflict checks, provided it doesn't compromise attorney-client privilege.

38:17 Practical Insights on Managing Conflicts

Charity advises on the importance of communication and the potential need for withdrawal in certain conflict situations. She provides an example involving an immigration case where a development creates a conflict that requires withdrawal from representing both parties. She discusses the concept of 'phantom clients' and the potential for confusion in certain professional relationships. Charity advises on conducting conflicts checks when changing jobs and the importance of taking client lists for due diligence. She emphasizes the need for informed consent when representing clients with interests adverse to past clients.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Charity Anastasio Practice and Ethics Counsel
The American Immigration Lawyers Association

Charity Anastasio is Practice and Ethics Counsel for the American Immigration Lawyers Association. Charity practiced law for five years, practicing in estate planning, probate, and family law. She has been working at bar associations, assisting lawyers for over a decade. She is an ethics nerd and practice management ambassador who advises lawyers through consultations, publications, workshops, and presentations. There is a pathway to a better life in the law and Charity thrives on helping lawyers find it. She is a member of the ABA Law Practice Division, was named an ABA 2020 Women in Legal Tech Honoree, and a 2024 V|Lex/Fastcase 50. Charity is on the 2026 ABA TECHSHOW Board. Read More ›

Continuing Legal Education (CLE) Credits

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Alabama CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Ethics

Earn Credit Until: December 31, 2026

Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics

Earn Credit Until: July 29, 2031

California CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2028

Delaware CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Enhanced Ethics

Earn Credit Until: December 31, 2026

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics

Earn Credit Until: July 29, 2028

Illinois CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention

Earn Credit Until: July 29, 2028

Nebraska CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Professional Responsibility

Earn Credit Until: July 30, 2028

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.20 Ethics/Professionalism

Earn Credit Until: July 29, 2027

North Carolina CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Attorney Professional Conduct

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics, Professionalism, or Substance Abuse

Earn Credit Until: July 29, 2028

South Carolina CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2026

Texas CLE

Status: Pending

Format: On-Demand

Credits: TBD

Earn Credit Until: TBD

Utah CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics

Earn Credit Until: December 31, 2026

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics

Earn Credit Until: July 30, 2031

West Virginia CLE

Status: Approved

Format: On-Demand

Credits: 1.20 Legal Ethics, etc.

Earn Credit Until: December 31, 2029

This presentation is approved for one hour of Ethics CLE credit in Alabama, one hour of Ethics CLE credit in Alaska, one hour of Legal Ethics CLE credit in California, one hour of Enhanced Ethics CLE credit in Delaware, one hour of Ethics CLE credit in Hawaii, one hour of Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention CLE credit in Illinois, one hour of Professional Responsibility CLE credit in Nebraska, one hour of Ethics CLE credit in North Carolina, one hour of Attorney Professional Conduct CLE credit in Ohio, one hour of Ethics, Professionalism, or Substance Abuse CLE credit in Pennsylvania, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), one hour of Ethics CLE credit in Utah, one hour of Ethics CLE credit in Vermont, and one hour of Legal Ethics, etc. CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 1.20 qualify as total hours of credit for Ethics/Professionalism. An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending.

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