The FCBA Transactional Practice and Professional Responsibility Committees will co-sponsor a CLE on Monday, October 20, 1:00 – 3:00 p.m. ET entitled Everyday Ethics Issues in Transactional Practice. The program will be held virtually via the Zoom platform.
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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.
AGENDA
1:00 –1:05 p.m. Welcome and Introductions
1:05 – 2:00 p.m. Conflicts of Interest, Competence, and Diligence
Our first hour will focus on three critical professional responsibility topics that every legal professional must understand: conflicts of interest, competence, and diligence. We will situate these essential issues in transactional practice. Our speakers will explore the various types of conflicts of interest that can arise in transactional practice and provide practical tips to manage them. This first session will also address the lawyer’s duty of competence, highlighting the issues of preparation, supervising attorneys and paralegals, and when it’s time to bring in a specialist to address certain legal issues. Finally, the discussion will cover the principle of diligence, addressing the expectations of zealous advocacy, timeliness, and workload management while maintaining communication with clients about their matters. Through practical examples, our speakers will offer insights into how these principles of professional responsibility apply in daily practice.
Conflicts in Transactions
- Direct adversity
- Waivable conflicts/informed consent to conflicts
Competence in Transactions
- Preparation
- Attorney supervision
- When to bring in specialists or other counsel
- What about artificial intelligence – what are our duties with AI
Diligence and Communications in Transactions
- Zealous advocacy
- Workload management
- Responsiveness/timeliness
Speakers:
Elizabeth Fisher, Co-Chair of FCBA Professional Responsibility Committee
Tom Gilbertsen, Co-Chair of FCBA Professional Responsibility Committee
Brian Grindall, Partner, Tenenbaum & Saas, P.C., Adjunct Faculty, George Mason University, Adjunct Faculty, Georgetown University
2:00 – 3:00 p.m. Confidentiality, Fairness and Honesty, and Candor to the Tribunal/Agency
In our second hour, our speakers will focus on three other essential professional responsibility topics for transactional lawyers: confidentiality, fairness and honesty, and candor to the tribunal/agency. The speakers will address the ethical duty to maintain client confidentiality and associated obligations, particularly in the complex business transaction environment that may involve the exchange of highly confidential information. Speakers will also explore the obligations and boundaries of fairness and honesty in dealing with adverse counsel while also living up to zealous advocacy obligations. Finally, this session will cover the duty of candor to the tribunal or agency, including the obligation to be truthful and transparent. Again, using real-world examples, speakers will offer attendees practical strategies to navigate these ethical considerations in their everyday practice.
Confidentiality in Transactions
- Maintaining client confidentiality
- Navigating transaction disclosures and data sites
Fairness and Honesty in Transactions
- Honesty and disclosure in dealing with opposing counsel and others
- Interplay with Rule 1.3 (zealous advocacy)
Candor to the Tribunal in Transactions
- Candor toward the agency
- FCC rules of candor and requiring disclosure and supplementation
Speakers:
Julia Ambrose, Partner, Brooks Pierce
Christopher Bjornson, Of Counsel, Steptoe LLP
Moderator:
Craig Sperling, Partner, Wiley Rein LLP
Cost: $135.00 for Private Sector Members; $95.00 for Non-Profit 501c3 Members; $50.00 for Government/Academic/Transitional/Retired Members; No charge for Law Student Members; $205.00 for Non-Members