You receive an inquiry from a possible new client. You run a conflicts search. A conflict exists with a current client. Can you still take the case? A potential conflict exists with a former client you have done no work for in many years. You take the case anyway. Will you be disqualified if the conflict comes to light? What if the conflict is triggered because you hired an attorney who worked on the opposite side of a case you just settled where related litigation is still ongoing?
Through hypotheticals and interactive polling, the audience members will test their knowledge about disabling conflicts and learn whether conflicts lead to disqualification.
The hypotheticals will be based on recent court decisions and the analysis will include a discussion of the applicable conflicts rules contained in the Rules of Professional Conduct.
Key topics to be discussed:
The rules which apply to current client conflicts
The rules which apply to conflicts with former clients
The rules which apply when attorneys move firms
Whether screening can cure a conflict
The analysis courts use to determine whether disqualification or some less drastic sanction is the appropriate remedy for a conflicted representation
Date: February 16, 2023
Hope A. Comisky | Griesing Mazzeo Law
Hope A. Comisky is a Member of Griesing Mazzeo Law, LLC and Chair of the Firm’s Employment and Ethics & Professional Responsibility practice groups. She also serves as General Counsel for the Firm, handling professional responsibility matters and risk management initiatives. Hope is a top-ranked employment attorney and an experienced arbiter with over thirty-five years of employment and litigation experience. She counsels clients on employment issues, provides training to managers and staff, and offers strategic advice on employment litigation matters. She also counsels lawyers and law firms on professional responsibility matters and risk management initiatives.
I. The rules which apply to current client conflicts | 12:00pm – 12:10pm
II. The rules which apply to conflicts with former clients | 12:10pm – 12:20pm
III. The rules which apply when attorneys move firms | 12:20pm – 12:30pm
IV. Whether screening can cure a conflict | 12:30pm – 12:40pm
V. The analysis courts use to determine whether disqualification or some less drastic sanction is the appropriate remedy for a conflicted representation | 12:40pm – 1:00pm