Jack Marshall

The Legal Ethics Spectrum: Preserving Professional Standards In The Midst Of Upheaval

[2 0r 3 hours of CLE credit; also can include professionalism, civility, anti-bias and diversity as needed.]

Description: Powerful factors have converged to create a potential cataclysm for legal professionals. The threat: that legal ethics standards are not merely changing but are becoming obsolete. How will attorneys practice ethically when decades-old  consensus about what is ethical no longer exists?

Creating this wave of uncertainty are 1) the increasingly significant distinctions among legal specialties; 2) increased competition in the law, encouraging innovation and risk taking that go where the Rules never looked before; 3) the internationalization of legal practice; 4) more delegation and “unbundling” of legal tasks; 5) new developments in technology , some of which are becoming essential to practice, and others which pose potential traps and pitfalls; 6) the rapid exchange of information among attorneys, bar associations, scholars and courts, having the effect of making ethical shifts viral and national rather than local; and 7) changes in the ethical norms of the American culture generally.

The Legal Ethics Spectrum is a dynamic, interactive and current-to-the-day three-hour CLE ethics seminar. Using a mixture of lecture and interactive hypotheticals, the seminar will explore many issues being carried ashore with the ethics tide, among them:

•    The key distinctions between enforcement, compliance and ethics, three separate approaches to practice.

•    New approaches and dilemmas when a witness lies

•    The ethics of self-reporting

•    Finding  a standard for trustworthy

•    Pitfalls in the attorney-client relationship

•    Handling documents you wish you never had

•    The internal investigation rabbit hole

•    Recent developments, cases and oddities in the world of legal ethics…and more.

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