Ethical Challenges of Joint Representation (Presented by the Federal Bar Association Professional Development Committee)

Daniel J. Cragg
Michael Downey
Jayne R. Reardon
Ferne P. Wolf
Daniel J. Cragg | Eckland & Blando LLP
Michael Downey | Downey Law Group LLC
Jayne R. Reardon | FisherBroyles LLC
Ferne P. Wolf | SilversteinWolf
On-Demand: May 21, 2024

1 hour CLE

Tuition: $95.00
Subscribe to myLawCLEs All-Acces Pass...
Get this course, plus over 1,000+ of live webinars.
Learn More
This program is only available to All-Access Pass Members.
All-Access Pass

Free access to all CLE programs w/active subscription. Annual subscription only $395/yr.

Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

Three federal practitioners join us to discuss the ethical challenges litigators face when handling joint representation matters. Specifically, these expert panelists will address issues facing attorneys who jointly represent more than one party, as well as issues facing their opponents concerning multiple representation of parties (and even those parties' witnesses). Attendees can expect to learn about conflicts of interest, confidentiality and privilege between clients, negotiations, and limited representation of witnesses.

Presented by the FBA Professional Development Committee.

Key topics to be discussed:

  • Interaction of Rules of Professional Responsibility relating to joint representation
  • Privilege and confidentiality
  • Duties of candor and obligation not to unlawfully conceal evidence

Closed-captioning available

Speakers

Daniel J. Cragg, Partner | Eckland & Blando LLP

Daniel J. Cragg handles complex litigation matters in a variety of practice areas including personal injury, commercial litigation, labor and employment law, factoring, asset-based lending, as well as admiralty and maritime law. Daniel is a volunteer in Minnesota’s legal ethics system as a Panel Chair for the Minesota Lawyer’s Professional Responsibility Board and as Chair of its Rules and Opinions Committee. Daniel is a Partner with Eckland & Blando LLP in Minneapolis but handles high stakes cases throughout the country (in association with local counsel). He has been rated by Thomson Reuters as a “Stand Out Lawyer” and “Lead Counsel” for civil litigation, as well as a Super Lawyer. He is AV Rated by Martindale Hubbell.

 

Michael Downey, Legal Ethics Lawyer and Founder | Downey Law Group LLC

Michael Downey is a legal ethics lawyer and founder of Downey Law Group LLC, a St. Louis law firm devoted to legal ethics, lawyer discipline defense, and the law of lawyering. Michael has litigated dozens of lawyer discipline cases, argued before five appellate courts, and testified as an expert in more than twenty proceedings. He has also taught legal ethics as an adjunct professor at Washington University and St. Louis University and has been recognized as a Super Lawyers “Top 50 Lawyer in St. Louis,” a Best Lawyer in America for Ethics & Professional Responsibility Law, and a Missouri Lawyers Weekly “Most Influential Lawyer” as the “go-to legal ethics lawyer in Missouri.”

 

Jayne R. Reardon_myLawCLEJayne R. Reardon, J.D., Partner and Deputy General Counsel | FisherBroyles LLC

Jayne provides ethics and regulatory advice to lawyers and legal service providers and serves as Deputy General Counsel to FisherBroyles LLC, a distributed global law firm. An experienced commercial trial lawyer, Jayne also serves as a neutral in mediation and arbitration proceedings.

Jayne is a nationally renowned expert on legal ethics and professionalism. Prior to joining FisherBroyles, she served as Executive Director of the Illinois Supreme Court Commission on Professionalism and as disciplinary counsel for the Illinois Attorney Registration and Disciplinary Commission. Jayne draws on her extensive experience as trial lawyer, legal ethics expert, and professionalism advocate as she advises, writes, and speaks on lawyer ethics issues, professional responsibility, and effectiveness and efficiency in the legal system.

Jayne is active in many bar associations, including the Association for Professional Responsibility Lawyers and the American Bar Association. She has been recognized nationally for her work in professional responsibility, including by appointments to Chair the ABA’s Standing Committee on Professionalism for three consecutive years and by receiving the Center for Professional Responsibility’s highest lifetime honor: The Michael Franck Professional Responsibility Award.

 

Ferne P. Wolf_myLawCLEModerator, Ferne P. Wolf, Partner | SilversteinWolf

Ferne P. Wolf is an employment attorney who represents employees in federal and state litigation. She serves on one of the Missouri Bar Association Regional Disciplinary Committees. The committees are part of the attorney disciplinary process in Missouri. Ferne is a Fellow of the College of Labor and Employment Lawyers. Years ago, Ferne worked for the Equal Employment Opportunity Commission both at the headquarters and the St. Louis District Office, litigating employment cases on behalf of the EEOC in federal courts throughout the country. Since going into private practice, Ferne has represented employees mainly in Illinois and Missouri, leading Ferne to chair—at different times—the Illinois State Bar Association Labor and Employment Section Council and the Missouri Bar Association Labor and Employment Law Committee. She has written and spoken on topics relating to discovery and ethics, including appearing on a recent podcast in which she spoke about the intersection of discovery abuse and the Rules of Professional Conduct.

Agenda

I. Ethical issues on joint representation in negotiations and conflicts of interest | 2:00pm – 2:20pm

II. Ethical issues on joint representation regarding privilege and confidentiality | 2:20pm – 2:40pm

III. Ethical issues when one party’s attorney claims to jointly represent the client and a third-party witness | 2:40pm – 3:00pm

Credits

Alaska

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 Ethics

Arkansas

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
1 Ethics

California

Approved for CLE Credits
1 Ethics

Colorado

Pending CLE Approval
1 Ethics

Connecticut

Approved for CLE Credits
1 Ethics

District of Columbia

No MCLE Required
1 Ethics Hour

Delaware

Pending CLE Approval
1 Ethics

Florida

Reciprocity
1 Ethics

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
1 Ethics

Hawaii

Approved for CLE Credits
1 Ethics

Iowa

Pending CLE Approval
1 Ethics

Idaho

Pending CLE Approval
1 Ethics

Illinois

Approved for Self-Study Credits
1 Ethics

Indiana

Approved for Self-Study Credits
1 Ethics

Kansas

Approved for Self-Study Credits
1 Ethics

Kentucky

Pending CLE Approval
1 Ethics

Louisiana

Pending CLE Approval
1 Ethics

Massachusetts

No MCLE Required
1 Ethics Hour

Maryland

No MCLE Required
1 Ethics Hour

Maine

Pending CLE Approval
1 Ethics

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
1 Ethics Hour

Minnesota

Pending CLE Approval
1 Ethics

Missouri

Approved for Self-Study Credits
1.2 Ethics

Mississippi

Pending CLE Approval
1 Ethics

Montana

Approved for Self-Study Credits
1 Ethics

North Carolina

Pending CLE Approval
1 Ethics

North Dakota

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 Ethics

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
1 Ethics

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 Ethics

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 Ethics

Nevada

Approved for Self-Study Credits
1 Ethics

New York

Approved for CLE Credits
1.2 Ethics

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
1 Ethics

Oklahoma

Approved for Self-Study Credits
1 Ethics

Oregon

Pending CLE Approval
1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 Ethics

Rhode Island

Pending CLE Approval
1 Ethics

South Carolina

Pending CLE Approval
1 Ethics

South Dakota

No MCLE Required
1 Ethics Hour

Tennessee

Approved for Self-Study Credits
1 Dual

Texas

Approved for CLE Credits
1 Ethics

Utah

Pending CLE Approval
1 Ethics

Virginia

Not Eligible
1 Ethics Hour Hours

Vermont

Approved for CLE Credits
1 Ethics

Washington

Approved via Attorney Submission
1 Ethics

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
1 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
1 Ethics

Wyoming

Approved for CLE Credits
1 Ethics

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


More CLE Webinars
Upcoming CLE Webinars
Insurance and Bad Faith Litigation in Fire Loss Cases
Insurance and Bad Faith Litigation in Fire Loss Cases Thu, March 20, 2025
On-Demand
Live Replay
Divorce Law 101 (2025 Edition)
Divorce Law 101 (2025 Edition) Fri, March 21, 2025
Live Webcast
Gun Trust 101 (2025 Edition)
Gun Trust 101 (2025 Edition) Fri, March 21, 2025
On-Demand
Live Replay
Ethical Strategies with Law Firm Podcasts
Ethical Strategies with Law Firm Podcasts Mon, March 24, 2025
Live Webcast
AI-Generated Trade Secret Litigation
AI-Generated Trade Secret Litigation Wed, March 26, 2025
Live Webcast
1031 Exchanges 101 (2025 Edition)
1031 Exchanges 101 (2025 Edition) Thu, March 27, 2025
On-Demand
Live Replay
Drafting for Legal Professionals in Real Estate
Drafting for Legal Professionals in Real Estate Wed, April 2, 2025
Live Webcast
Adobe Acrobat Pro for Lawyers (2025 Edition)
Adobe Acrobat Pro for Lawyers (2025 Edition) Thu, April 3, 2025
Live Webcast