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
Live Video-Broadcast: May 21, 2024
Ethical Challenges of Joint Representation (Presented by the Federal Bar Association Professional Development Committee)
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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

Date / Time: May 21, 2024

  • 2:00 pm – 3:00 pm Eastern
  • 1:00 pm – 2:00 pm Central
  • 12:00 pm – 1:00 pm Mountain
  • 11:00 am – 12:00 pm Pacific

Closed-captioning available


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.


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