The FCBA Transactional Practice and Professional Responsibility Committees will co-sponsor a CLE on Monday, October 20, 1:00 – 3:00 p.m. ET. The program will be held virtually via the Zoom platform.
The casual observer might be forgiven if they think that the ethical demands placed on deal lawyers are not as weighty as the burdens borne by litigators and regulatory attorneys. After all, the latter group owe duties to and interact with tribunals (courts and agencies), which tends to heighten both ethical obligations and the risks of unethical conduct. But transactional lawyers are not “fixers” who are free to pursue their deals by any means possible, while letting the “buyer beware.” Our panels will examine the frequently-encountered ethical guardrails for transactional attorneys, including conflicts of interest under Model Rules 1.7 and 1.8, competence and diligence in transactions under Model Rules 1.3 and 1.4, negotiation ethics including duties of confidentiality and honesty in transactions under Model Rules 1.6 and 4.1, and avoiding assisting a client in fraudulent transactions (Model Rule 1.2). We will discuss recent legal developments and rule promulgations impacting transactional attorneys, the most common negotiation scenarios in which ethical challenges arises, and the most likely sources of bar complaints and malpractice claims in this area.
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If you have any registration issues, please contact Elina Gross.
FCBA will apply for 2.0 hours of Ethics MCLE credit from the VA Bar. This program has NOT yet been approved. Attorneys licensed outside Virginia may use the certificate and materials provided to apply for credit in their jurisdictions.
Speakers to be announced.