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Justia Connect Webinars Lawyers as Employers: Answering to a Higher Authority

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Jennie Woltz Woltz & Folkinshteyn, P.C

Benjamin Folkinshteyn Woltz & Folkinshteyn, P.C

Jeffrey J. Cunningham Cohen Vaughan LPP

Lawyers as Employers Answering to a Higher Authority

Premieres May 21, 12:00 PM ET/9:00 AM PT

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Overview AI Webinar Summary

Lawyers as Employers: Answering to a Higher Authority

This webinar will bridge the intersection between employment law and legal ethics by reminding law firm owners that lawyers can be employers too! In today’s presentation, we will discuss the employment law and ethical overlaps inherent in (i) employment discrimination, (ii) social media use and confidentiality, and (iii) culture, mental health & substance abuse/disability claims. In each case, we will highlight where lawyers and law firm owners must be aware of both legal and ethical obligations and provide guidance on how to comply with those obligations.

Topics covered include:

Legal Ethics Attorney Wellness Disability Law Employment Law Law Firm Management Law Practice Substance Use

Agenda:

Overview of Presentation

Presented by Jeff Cunningham, Jennie Woltz & Benjamin Folkinshteyn
Overview of ABA Model Rules of Professional Conduct

Rule 1.1 (Competence)
Rule 1.3 (Diligence)
Rule 1.4 (Communication)
Rule 1.6 (Confidentiality)
Rule 5.1 (Supervision)
Rule 5.3 (Nonlawyer Supervision)
Rule 5.4 (Independence)
Rule 8.4 (Misconduct: harassment/discrimination)

Discrimination

Common presentations in law firms
Best practices for preventing/mitigating discrimination claims

Handbooks
Procedures for raising concerns
Internal investigations
Importance of EPLI insurance
Ethical rules addressing discrimination among lawyers
Q&A

Confidentiality and Social Media Use

Review of legal rules and business needs implicated in confidentiality and social media use
Review of ethical principles regarding communication and confidentiality, non-discrimination
Tips for social media policies and trade secret protection

Substance Abuse, Mental Health and Disability Claims

Discussion of timeliness of topic
Overview of federal and state disability laws, as well as complicating/competing laws
Best practices for avoiding legal issues related to substance abuse, mental health and disability claims
Case study example

Duration of this webinar: 60 minutes

When: Premieres in 66 days | May 21, 2026 9:00 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 Introduction

The speakers, Jennie Woltz, Benjamin Folkinshteyn, and Jeffrey Cunningham, are introduced, each bringing expertise in employment law, dispute resolution, and professional liability. They discuss the importance of recognizing law firms as small businesses and the associated risks of being an employer. They emphasize the need for law firms to be aware of employment-related risks as they grow, regardless of their size or practice area.

09:38 Discrimination and Legal Ethics

The discussion focuses on discrimination within law firms, highlighting various types such as gender, age, race, and disability discrimination. The speakers emphasize the importance of understanding protected classes and preventing discrimination through systems and processes. They share an example of gender discrimination involving a law firm's parental leave policy, illustrating the need for careful communication. The conversation touches on the impact of billable hour expectations and leave policies on different groups, particularly women and those with disabilities. The speakers discuss the challenges of phasing out older workers and the importance of having lawful retirement procedures in place.

18:22 Best Practices for Non-Discrimination

The speakers outline best practices for law firms, emphasizing the importance of having compliant handbooks and clear policies. They highlight the role of handbooks in legal compliance and reducing class action risks by providing avenues for complaints. The speakers add that handbook policies are crucial for professional liability and ethics, aiding in risk management across the board. The discussion covers the importance of conducting thorough internal investigations and the benefits of involving outside counsel for objectivity. The section also addresses the significance of insurance coverage, including Employment Practices Liability Insurance, and the responsibilities under Model Rules 5.1 and 5.3.

39:35 Social Media and Confidentiality

The conversation shifts to social media and confidentiality, discussing the balance between maintaining client confidentiality and employees' rights. The speakers highlight the risks of social media use, emphasizing the need for clear policies and monitoring to prevent ethical breaches. The discussion includes the challenges of enforcing confidentiality while respecting employees' rights to engage in concerted activity. The importance of having a social media use policy and monitoring employees' online activities is stressed to avoid ethical and legal issues.

57:10 Attorney Wellness and Risk Management

The section addresses attorney wellness as a form of risk management, highlighting the prevalence of mental health and substance abuse issues in the legal profession. The speakers emphasize the role of law firms in supporting employees and preventing issues from escalating into malpractice or ethics complaints. The discussion covers the legal obligations under the ADA and FMLA to accommodate employees with disabilities, including those undergoing treatment for substance abuse. The speakers note the increase in mental health accommodation requests and the importance of engaging in an interactive process with employees. The conversation touches on specific state laws, such as New York's rules on lawful off-duty cannabis use, and the implications for law firms.

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.

Speakers

Jennie Woltz Founding Partner
Woltz & Folkinshteyn, P.C.

Jennie Woltz has made smart, compassionate employment and labor law solutions the focus of her legal career. Read More ›

Benjamin Folkinshteyn Founding Attorney
Woltz & Folkinshteyn, P.C.

Benjamin (Ben) Folkinshteyn has broad experience in domestic and international dispute resolution, including contract and tort matters, corporate governance litigation, as well as insurance litigation and arbitration. He regularly counsels clients on litigation avoidance strategies and legal and business risk assessment. Read More ›

Jeffrey J. Cunningham Founding Partner & General Counsel
Cohen Vaughan LPP

Jeffrey J. Cunningham actively defends lawyers and acts as outside General Counsel to small and mid-sized law firms across the United States, while also serving as his firm’s General Counsel. Jeff defends industry professionals in a wide range of professional liability, ethics and professional disciplinary matters. With an emphasis on simple systems of risk management, Jeff brings a holistic approach of protecting our clients before problems occur. Read More ›

Continuing Legal Education (CLE) Credits

* CLE credit for this webinar is available for lawyers who have claimed their Justia Lawyer Directory Profile and are Justia Connect Practice members attending live. On-demand CLE credit is only available to Justia Connect Pros.

Alabama CLE

Status: Approved

Credits: 1.00 Ethics

California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Hawaii CLE

Status: Approved

Credits: 1.00 Ethics

Illinois CLE

Status: Approved

Credits: 1.00 Professional Responsibility

Missouri CLE

Status: Approved

Credits: 1.20 Ethics

Nebraska CLE

Status: Approved

Credits: 1.00 Professional Responsibility

New Jersey CLE

Status: Approved

Credits: 1.20 Ethics/Professionalism

Ohio CLE

Status: Approved

Credits: 1.00 Attorney Professional Conduct

Pennsylvania CLE

Status: Approved

Credits: 1.00 Ethics, Professionalism, or Substance Abuse

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

West Virginia CLE

Status: Approved

Credits: 1.20 Legal Ethics, etc.

This presentation is approved for one hour of Ethics CLE credit in Alabama, one hour of Legal Ethics CLE credit in California, one hour of Ethics CLE credit in Hawaii, one hour of Professional Responsibility CLE credit in Illinois, one hour of Professional Responsibility CLE credit in Nebraska, 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), 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. 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.
This presentation is approved for one hour of Ethics CLE credit in Missouri from 2026-05-21 to 2026-05-21.

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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.

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