This course will provide critical information and guidance regarding screening of potential clients, identifying potential conflicts of interest, client communication, and client file organization. The course will also provide critical information and guidance regarding conflicts of interest and how to identify and address such conflicts, including simultaneous representation of clients, representing multiple clients, and engaging in business transactions with clients.
Attendees will learn about the importance of preserving client confidentiality, including confidentiality in email and other electronic communications and court e-filing. This course will also address ethical considerations and information related to the proper withdrawal/termination of representation, file closing records management, asserting liens on unpaid fees and costs, and proper trust accounting.
Learning Objectives:
- Learn how to screen for conflicts of interest at the beginning of the representation and properly draft fee agreements and charge reasonable fees
- Learn how to avoid conflicts of interest; simultaneous representation in the same matter, representing multiple clients, and conflicts of interest in business transactions and relationships with clients (including loans) or acquiring an interest adverse to the client
- Learn how to preserve confidentiality: absent an exception, confidential information must always be preserved even after the client dies; beware of confidential information in e-filing
- Learn how to create a file organization system and checklists for managing case deadlines; pleadings index; communication records/logs; time entries/billing logs; discovery; research; etc.
- Learn how to copy clients with all relevant documents related to representation, periodic updates, and file reviews to maintain progression of the files
- Learn how to properly withdraw or terminate representation and protect client's interest, close files, manage records, and the importance of nonengagement/disengagement letters
- Introduction to Ethics
- Overview of the rules of professional conduct
- Competence
- MRPC 1.1 and Comment 8
- Supervision of Lawyers and Non-Lawyers
- MRPC 5.1 & 5.3
- Duties of Subordinate Lawyers
- MRPC 5.2
- Client Intake
- Client intake forms
- Screening clients
- Avoiding Conflicts of Interest
- Screening for conflicts of interest at the beginning of the representation
- MRPC 1.7
- Client Confidentiality
- Preserving confidentiality under MRPC 1.6
- Absent an exception, confidential information must always be preserved even after the client dies
- Beware of confidential information in e-filings
- Confidentiality and blogs or social media
- Managing Client Files/Matters
- Creating a file organization system and checklists for managing case deadlines
- Copying the client with all relevant documents related to representation and providing periodic updates
- Conducting periodic reviews to maintain progression of the files
- Ethical Fees and Fee Agreements
- Drafting fee agreements and best practices for charging fees
- Billing time ethically
- File Closing and Records Management
- Sending disengagement or closing letters
- File retention procedures
- Withdrawal/Termination of Representation
- Protection of client’s interest
- Importance of nonengagement/disengagement letters
- IOTA/IOLTA Trust Accounts
- Questions & Answers (as time permits)
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Status: Approved
Credits: 1.00 Legal Ethics
Status: Approved
Credits: 1.00 Ethics
Status: Approved
Credits: 1.00 Legal Ethics/Professional Responsibility
Difficulty: All Levels
Status: Approved
Credits: 1.00 Legal Ethics/Professional Responsibility
This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Ethics CLE credit in North Carolina, and one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels). This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.
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Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.
At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

Law Office of Joseph A. Corsmeier, P.A.
Joseph A. Corsmeier is an "AV" rated attorney practicing in Palm Harbor, Florida. He concentrates his practice primarily in the areas of defense of attorney disciplinary matters before The Florida Bar, attorney admission matters before the Florida Board of Bar Examiners, and professional license and disciplinary matters before the Boards of the State of Florida. He provides expert analysis and opinion on conflict of interest and other attorney disqualification and legal malpractice issues and he has testified as an expert in both the federal and Florida courts. Read More ›