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Conflicts of Interest in Practice: Case Studies, Cognitive Biases, and Ethical Boundaries

Explore cognitive biases affecting conflict identification, creative resolution strategies, and applying Rules 1.7 and 1.16 to manage ethical boundaries.

2025-10-30 13:00:00

Program Details

2025-10-30 13:00:00

Program Details

2025-10-30 13:00:00

Over 1,000+ webinars

2025-10-30 13:00:00

Course Overview

Managing Conflicts Through Ethics and Self-Awareness

2025-10-30 13:00:00

Participants will learn to identify cognitive biases affecting conflict recognition and apply Rules 1.7 and 1.16 to navigate ethical dilemmas. These skills enable lawyers to protect client relationships while maintaining professional integrity.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Cognitive Biases
Loss aversion and moral muteness distort how lawyers perceive conflicts.
02
Rule 1.7
Addresses direct adversity and material limitation conflicts requiring informed consent.
03
Personal Conflicts
Deeply held beliefs may create conflicts requiring withdrawal from representation.
04
Informed Consent
Clients must understand conflicts, risks, and alternatives in writing.
05
Withdrawal Procedures
Rule 1.16 governs mandatory and permissive withdrawal with proper notice.
06
Conflict Screening
Continuous evaluation and central repositories are essential for compliance.

Program schedule

clock 1:00 pm - 2:00 pm EST

Case Studies, Cognitive Biases, and Creative Conflict Resolution

This session explores the range of conflicts that can arise in legal practice through real-world case studies, including court-appointed representation dilemmas and family transactions. Participants will examine cognitive biases such as loss aversion and moral muteness that affect conflict identification, while discovering creative approaches like the BATCEO framework to resolve disputes among clients.

Tracy L. KeplerTracy L. Kepler
Timothy L. FortTimothy L. Fort
clock 2:10 pm - 3:10 pm EST

Ethical Boundaries: Managing Conflicts and Personal Values

This session provides a comprehensive analysis of Rule 1.7, covering direct adversity and material limitation conflicts, including personal interest conflicts arising from deeply held beliefs. Participants will learn when personal values may justify withdrawal under Rule 1.16, proper withdrawal procedures to minimize client harm, and documentation practices for conflict waivers and ethical compliance.

Tracy L. KeplerTracy L. Kepler
Timothy L. FortTimothy L. Fort
Tracy L. Kepler

Tracy L. Kepler

CNA

Timothy L. Fort

Timothy L. Fort

Kelley School of Business, Indiana University

Tracy L. Kepler

Tracy L. Kepler

CNA

Tracy L. Kepler is the Director of Risk Control for CNA’s Lawyers Insurance Program where she leads and manages a team of attorneys and risk control specialists in the design and development of content and distribution of risk control/risk management initiatives relevant to the practice of law. She collaborates with executive leadership from CNA’s underwriting and claims teams to develop and execute strategies for profitable growth of the lawyers professional liability program and also authors articles and creates and presents proactive training sessions on best practices, internal law firm risk assessment, policies and procedures to reduce occurrence and impact of potential malpractice and disciplinary actions for insureds.

Education & Credentials

Ms. Kepler earned her B.A. from Northwestern University in Evanston, Illinois, and her J.D. from New England School of Law in Boston, Massachusetts. She is admitted to practice law in Illinois. Her credentials span more than two decades in attorney regulation and professional responsibility, including prosecutorial, federal agency, and bar association leadership roles that ground her risk control work in direct disciplinary and ethics enforcement experience.

Recognition & Leadership

Ms. Kepler has served in various capacities, including as President, on the Board of the National Organization of Bar Counsel, the nonprofit organization of legal professionals who enforce the ethics rules regulating lawyer conduct in the United States and abroad. She also provided national leadership as Director of the American Bar Association’s Center for Professional Responsibility, developing and interpreting standards and scholarly resources in legal and judicial ethics.

Professional Involvement

Ms. Kepler is an Adjunct Professor teaching Legal Ethics at Georgetown University Law Center, American University’s Washington College of Law, and Loyola University Chicago School of Law. She served on the ABA Commission on Lawyers Assistance Programs as a Commission member, Advisory Committee member, and Chair of its Education and Senior Lawyer Committees. She sits on the board of the Institute for Well-Being in Law and advises the Mindfulness in Law Society.

Experience

Before joining CNA, Ms. Kepler directed the ABA Center for Professional Responsibility. From 2014 to 2016 she served as an Associate Solicitor in the Office of General Counsel of the U.S. Patent and Trademark Office, handling investigation, prosecution, and appeal of practitioner disciplinary matters before the agency, U.S. District Courts, and the Federal Circuit. From 2000 to 2014 she prosecuted attorney misconduct cases as Senior Litigation Counsel for the Illinois Attorney Registration and Disciplinary Commission.
Timothy L. Fort

Timothy L. Fort

Kelley School of Business, Indiana University

Timothy L. Fort holds the Eveleigh Professorship in Business Ethics and is Professor of Business Law & Ethics at the Kelley School of Business at Indiana University. His research focuses on how ethical business conduct can create positive organizational cultures that foster sustainable peace.

Education & Credentials

BA and MA from the University of Notre Dame; PhD and JD from Northwestern University.

Recognition & Leadership

Received the 2022 Distinguished Career Faculty Award from the Academy of Legal Studies in Business. Nominated for the 2024 Nobel Peace Prize in 2023. Two books won the Best Book Award from the Academy of Management for Social Issues. Won twelve research awards from three academic associations. Won five teaching awards.

Professional Involvement

Co-chaired a task force on business and peace with the U.S. Institute of Peace. Helped develop a program with the U.S. State Department where MBA students served as pro bono consultants to entrepreneurs in conflict sensitive zones. Partnered with NGOs such as International Peace Through Tourism and Peace Through Commerce. Organized multiple conferences with faculty from the Jacobs School of Music and a film series with the IU Cinema.

Experience

Professor at the Kelley School of Business at Indiana University. Affiliated Faculty at the Kroc Institute of International Peace Studies at the University of Notre Dame. Has written one hundred articles/book reviews/book chapters along with twelve books and edited twenty-five books. Served on editorial boards of flagship journals for the Academy of Legal Studies in Business, Society for Business Ethics, and Academy of Management. Served as academic director for a program for NFL players. Co-taught a course with Federal Reserve Chair Ben Bernanke. Served as director of an institute, department chair, and interim associate dean. Coach/consultant for Alexandra, Countess of Fredriksborg on the Board of Directors of Ferring Pharmaceuticals. Taught at the University of Michigan from 1994-2005 and George Washington University from 2005-2013.
Tracy L. Kepler

Tracy L. Kepler

CNA

Tracy L. Kepler is the Director of Risk Control for CNA’s Lawyers Insurance Program where she leads and manages a team of attorneys and risk control specialists in the design and development of content and distribution of risk control/risk management initiatives relevant to the practice of law. She collaborates with executive leadership from CNA’s underwriting and claims teams to develop and execute strategies for profitable growth of the lawyers professional liability program and also authors articles and creates and presents proactive training sessions on best practices, internal law firm risk assessment, policies and procedures to reduce occurrence and impact of potential malpractice and disciplinary actions for insureds.

Education & Credentials

Ms. Kepler earned her B.A. from Northwestern University in Evanston, Illinois, and her J.D. from New England School of Law in Boston, Massachusetts. She is admitted to practice law in Illinois. Her credentials span more than two decades in attorney regulation and professional responsibility, including prosecutorial, federal agency, and bar association leadership roles that ground her risk control work in direct disciplinary and ethics enforcement experience.

Recognition & Leadership

Ms. Kepler has served in various capacities, including as President, on the Board of the National Organization of Bar Counsel, the nonprofit organization of legal professionals who enforce the ethics rules regulating lawyer conduct in the United States and abroad. She also provided national leadership as Director of the American Bar Association’s Center for Professional Responsibility, developing and interpreting standards and scholarly resources in legal and judicial ethics.

Professional Involvement

Ms. Kepler is an Adjunct Professor teaching Legal Ethics at Georgetown University Law Center, American University’s Washington College of Law, and Loyola University Chicago School of Law. She served on the ABA Commission on Lawyers Assistance Programs as a Commission member, Advisory Committee member, and Chair of its Education and Senior Lawyer Committees. She sits on the board of the Institute for Well-Being in Law and advises the Mindfulness in Law Society.

Experience

Before joining CNA, Ms. Kepler directed the ABA Center for Professional Responsibility. From 2014 to 2016 she served as an Associate Solicitor in the Office of General Counsel of the U.S. Patent and Trademark Office, handling investigation, prosecution, and appeal of practitioner disciplinary matters before the agency, U.S. District Courts, and the Federal Circuit. From 2000 to 2014 she prosecuted attorney misconduct cases as Senior Litigation Counsel for the Illinois Attorney Registration and Disciplinary Commission.
Timothy L. Fort

Timothy L. Fort

Kelley School of Business, Indiana University

Timothy L. Fort holds the Eveleigh Professorship in Business Ethics and is Professor of Business Law & Ethics at the Kelley School of Business at Indiana University. His research focuses on how ethical business conduct can create positive organizational cultures that foster sustainable peace.

Education & Credentials

BA and MA from the University of Notre Dame; PhD and JD from Northwestern University.

Recognition & Leadership

Received the 2022 Distinguished Career Faculty Award from the Academy of Legal Studies in Business. Nominated for the 2024 Nobel Peace Prize in 2023. Two books won the Best Book Award from the Academy of Management for Social Issues. Won twelve research awards from three academic associations. Won five teaching awards.

Professional Involvement

Co-chaired a task force on business and peace with the U.S. Institute of Peace. Helped develop a program with the U.S. State Department where MBA students served as pro bono consultants to entrepreneurs in conflict sensitive zones. Partnered with NGOs such as International Peace Through Tourism and Peace Through Commerce. Organized multiple conferences with faculty from the Jacobs School of Music and a film series with the IU Cinema.

Experience

Professor at the Kelley School of Business at Indiana University. Affiliated Faculty at the Kroc Institute of International Peace Studies at the University of Notre Dame. Has written one hundred articles/book reviews/book chapters along with twelve books and edited twenty-five books. Served on editorial boards of flagship journals for the Academy of Legal Studies in Business, Society for Business Ethics, and Academy of Management. Served as academic director for a program for NFL players. Co-taught a course with Federal Reserve Chair Ben Bernanke. Served as director of an institute, department chair, and interim associate dean. Coach/consultant for Alexandra, Countess of Fredriksborg on the Board of Directors of Ferring Pharmaceuticals. Taught at the University of Michigan from 1994-2005 and George Washington University from 2005-2013.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Approved
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs