Ethics in Attorney-Client Relationship: Basics, retainer agreements, notice to clients, key rules, training staff, best practices for communication, and protecting client information

Joel A. Osman | Parker Mills LLP

Joel A. Osman, senior counsel at Parker Mills LLP, concentrates his practice on litigation and trials. Prior to joining PM in 2014, Mr. Osman was principal of Osman & Associates a private law firm in South Pasadena. Prior to setting up his private practice, he managed a similarly named entity which was part of staff counsel to Travelers Indemnity Company. For Travelers, he was responsible for all aspects of managing its Southern California liability practice, its multi-million dollar budget and 54 employees engaged in defense of Travelers insureds in all manner of general liability, auto, fire and subrogation matters.

Previously, Mr. Osman was a senior partner at Anderson, McPharlin & Conners LLP in Los Angeles. In his career, he has represented clients in cases involving professional liability, general liability, product liability, construction defect and commercial litigation, trying numerous jury trials to verdict. He has focused much of his interest on the defense of lawyers and legal ethics.

His current professional activities include membership in the Los Angeles County Bar Association’s Professional Responsibility and Ethics Committee (where he was the chairperson for the 2008-2009 year). Mr. Osman has recently been appointed to serve a three-year term as a member of the State Bar’s Committee on Professional Responsibility and Conduct.

AV Preeminent™ Peer Review Rated

Areas of Practice

• Commercial Litigation
• Construction Defect
• General Liability
• Product Liability
• Professional Liability

Bar Admissions

• State Bar of California, 1982
• Admitted to practice before the United States District Courts for Central, Northern and Southern Districts of California and the Ninth Circuit Court of Appeals

Education

• University of California, Los Angeles, School of Law, J.D., 1981
• University of California, San Diego, 1978, B.A., History, magna cum laude

Professional Associations & Memberships

Los Angeles County Bar Association, current member and former Chair of Professional Responsibility and Ethics Committee (2008-2009)

Past Employment Positions

• Osman & Associates ( a private law firm)
• Osman & Associates (Staff Counsel for Travelers Indemnity Company)—2006–2013
• Anderson, McPharlin & Conners, LLP, 1985 – 2006
• Law Offices of Hunsucker & Sabo, 1983 – 1985
• Law Offices of Schell & Delamer, 1979 – 1982 (began as law clerk)

Author

• “Is a Prospective Client Entitled to Attorney Work Product Developed in the Course of Deciding Whether to Accept the Engagement?”
• Co-authored with Kevin Mohr, County Bar Update, July 2014

Justin D. Denlinger | Parker Mills LLP

Justin D. Denlinger joined Parker Mills LLP as an associate in January 2007 and has experience in the areas of business litigation, legal malpractice, intellectual property, entertainment law, disability discrimination and insurance coverage.

In his spare time, Mr. Denlinger enjoys playing tuba in a variety of bands around town including the Al Malaikah Shrine Band.

Areas of Practice:

• Business Litigation
• Legal Malpractice
• Professional Malpractice Law
• Intellectual Property
• Entertainment Law
• Disability Discrimination
• Insurance Coverage
• Business & Commercial Law
• Contracts
• Business Organizations
• Shareholders’ Rights
• Landlord/Tenant Law
• Personal Injury
• Premises Liability
• Property Damage
• Slip and Fall
• Real Estate Law
• Commercial Real Estate

Bar Admissions:

• State Bar of California, 2002
• U.S. District Court (Central District of California), 2002
• U.S. District Court (Southern District of California), 2010
• U.S. Court of Appeals 9th Circuit, 2009

Education:

• Loyola Law School, Los Angeles, California, 2002, J.D.
• Loyola of Los Angeles Law Review; Entertainment & Sports Law Society (Vice-President, 2001-2002); Christian Legal Society (President, 2000-2002)
• James Madison University, Harrisonburg, Virginia, 1997, B.M. (cum laude), Major: Music, Minor: Business
• Resident Advisor; Music Industry Society (President, 1994-1996); Phi Mu Alpha Sinfonia (Historian, 1994-1996); JMU Marching Band

Professional Associations and Memberships/Leadership:

• State Bar of California, member, 2002-present
• Beverly Hills Bar Association’s IP, Internet & New Media Section, Executive Board, 2003-2008, membership chair
• Hollywood United Methodist Church, Board of Trustees, 2008-present (Chair 2011 – 2012)
• Los Angeles County Bar Association, member, 2002-present
• Beverly Hills Bar Association, member, 2002-2009
• National Academy of Recording Arts & Sciences, member, 2008-present
• Phi Mu Alpha Sinfonia, member, 1994-present
• Ancient Arabic Order of the Nobles of the Mystic Shrine, member, 2006-present
• Masonic Lodge No. 202, member, 2007-present
• Al Malaikah Shrine Band (2006-present), past director; Shrine Inch Nails jazz combo (2018-present)

Past Employment Positions:

• Mesisca, Riley & Kreitenberg LLP, associate, 2004-2006
• Law Offices of Robert J. Allan, associate, 2001-2004
• Carroll, Guido & Groffman LLP, law clerk, 2000
• Independent Film & Television Alliance (f.k.a., AFMA), law clerk, 2000

Published Works:

• Movin’ On: Ethical Considerations Relating to Attorney Mobility, by David B. Parker & Justin D. Denlinger Los Angeles County Bar Association, Ethics Opinions (Sept. 2021)
• Overview of Directors’ And Officers’ Liability Insurance Policies, by David B. Parker, Justin D. Denlinger, and Steven S. Wang, Understanding Fiduciary Duties In Business Entities, Chapter 10 (CEB, 2017-present)
• So You Think You Know The “Mediation Privilege?,” by William K. Mills, Justin D. Denlinger, Jason J. Rudolph & Ben Seagle, California Bar Journal (Jan. 2014)
• Modifying Fee Agreements, or How I Learned to Stop Worrying and Love California Rule of Professional Conduct Rule 3-300 – (co-author with David B. Parker, June/July 2009, Vol. 29, No.6), Los Angeles County Bar Association, County Bar Update

Lecturing Experience/Seminars Presented For MCLE Credit:

• Los Angeles County Bar Association (Los Angeles, CA): Dec. 2021
• Troy Gould (Los Angeles, CA): Apr. 2019
• Beverly Hills Bar Association, Family Law Section (Beverly Hills, CA): Mar. 2019
• Cypress, LLP (Los Angeles, CA): Feb. 2019 & Sept. 2018
• Beverly Hills Bar Assn, Law Practice Management & Technology Section (Beverly Hills, CA): Feb. 2019
• Marshack Hays, LLP (Irvine, CA): Nov. 2018
• Sklar Kirsh (Pasadena, CA): Nov. 2018; Jan. 2022
• Hunt Ortmann (Pasadena, CA): Nov. 2018
• Levene Neale Bender Yoo & Brill, LLP (Los Angeles, CA): Nov. 2018 & Apr. 2011
• Law Offices of Susan S. Park, APC (Torrance, CA): Oct. 2018
• Parker Mills, LLP (Los Angeles, CA): Sept. 2018; Dec. 2016; Dec. 2015; Sept. 2014; Jun. 2013; & Jan. 2011
• Los Angeles County Bar Inn of Court (Los Angeles, CA): Mar. 2017

Amy Richardson | HWG

“Amy is brilliant at what she does, and adept at guiding clients through what are often unwelcome proceedings. She has a great combination of knowledge and grace.”

– Chambers USA 2022

Recognized by Chambers USA as one of the top litigators in North Carolina, Amy Richardson is managing partner of HWG’s Raleigh office and as Chair of the firm’s Legal Ethics and Malpractice group. Amy’s practice focuses on legal ethics and professional responsibility matters, white collar defense and complex commercial litigation.

Legal Ethics and Malpractice

Amy counsels and represents lawyers and law firms in disciplinary investigations and prosecutions and malpractice matters. Her disciplinary experience includes matters before multiple state bars, the USPTO’s Office of Enrollment and Discipline (OED) and the Office of Professional Responsibility (OPR). Amy has represented individual lawyers and law firm in high stakes arbitrations related to partner departures. She also counsels and advises lawyers and law firms in partner admissions and departures, and law firm dissolutions.

Amy teaches legal ethics and professional responsibility at Duke University School of Law and Georgetown University Law Center.

Complex Civil Litigation

Amy handles complex civil cases in federal court, state court, and in arbitration proceedings throughout the United States. She has been involved in several high profile matters. Amy also works closely with the firm’s telecom practice in cases involving the communications-technology industry, including Telephone Consumer Protection Act, intercarrier compensation and access fee disputes. Her recent experience as lead counsel includes:

§ Obtaining Motion to Dismiss with Prejudice in federal court TCPA action with potential liability of over $50 million dollars.
§ Grant of Motion to Compel Arbitration in alleged class action against multi-national corporation where arbitration clause required individual resolution.
§ Serving as lead counsel in a multidistrict litigation involving possibility liability over $250 million dollars.

Regulatory Compliance and White Collar Criminal Defense

Amy has successfully represented companies before federal and state regulatory agencies and Offices of Inspector General. Her extensive white-collar criminal defense experience includes preparing clients for grand jury appearances and trial work. At the conclusion of the two-month trial, the defendant was found not guilty. Amy also assists clients in identifying, complying with and discovering noncompliance with complex and evolving federal regulatory requirements.

Amy has been recognized by multiple publications for excellence, receiving top rankings for North Carolina litigators in Chambers USA, Best Lawyers, Super Lawyers, and Business North Carolina’s “Legal Elite.” She is a frequent speaker and leader on ethics and litigation issues. Amy has served as an advisory member of the North Carolina State Bar Ethics committee and as the current Vice Chair of the North Carolina State Bar Client Security Fund. She is the Immediate Past Chair of the North Carolina Bar Association’s Litigation Council. Amy is also a member of Federation of Defense & Corporate Counsel (FDCC), Association of Professional Responsibility Lawyers (APRL) and DRI.

Prior to entering private practice, Ms. Richardson served a judicial clerkship for the Honorable. N. Carlton Tilley, Middle District of North Carolina. Ms. Richardson received her J.D., cum laude, from Duke University School of Law, and her B.A., summa cum laude, from the University of North Carolina.

Lauren Snyder | HWG

Lauren Snyder, Vice Chair of the HWG’s Legal Ethics and Malpractice group, focuses her practice on legal ethics and malpractice, complex civil litigation, and government enforcement actions. Lauren practices in Washington, D.C. and Raleigh, North Carolina.

White Collar and Litigation

Lauren has represented various individuals and corporations in a wide range of federal criminal investigations and prosecutions, including investigations and prosecutions related to price-fixing cartels, mail and wire fraud, “off label” use of medical devices, and financial crimes.

She has served as both defense and plaintiff’s counsel and has been involved in all aspects of litigation, from initial case assessments to trials and appeals.

Legal Ethics

Lauren has handled various disciplinary complaints before different disciplinary authorities, including matters before the USPTO’s Office of Enrollment and Discipline, and D.C.’s Office of Disciplinary Counsel.

She has assisted clients concerning admission to the USPTO and the D.C. Bar, and advised clients concerning the merits of legal malpractice actions.

Pro Bono

Lauren maintains an active pro bono practice, assisting clients on a broad range of civil and criminal matters.

She has dedicated substantial time to representing low-income tenants fighting eviction in landlord-tenant cases, as well as providing legal ethics advice to legal services organizations and their lawyers.

Prior to joining HWG, Lauren was an associate at Cleary Gottlieb Steen & Hamilton LLP, where her practice focused on litigation and regulatory antitrust matters. Ms. Snyder received her J.D., with high honors, from the George Washington University Law School, where she was a member of The George Washington Law Review and a Dean’s Fellow for the Legal Research and Writing Program.

While in law school, she served as a legal intern for the Victim Witness Assistance Unit for the U.S. Attorney’s Office for the District of Columbia. She has previously taught Legal Research and Writing as an adjunct professor at George Washington University Law School. Ms. Snyder currently serves on the Board of Wake Women Attorneys. She also serves as the Nominating and Public Service Awards Committee Chair on the Board of the North Carolina Association of Women Attorneys, the Membership Chair for the North Carolina Bar Association’s Antitrust and Complex Business Disputes Law Section.

Lauren received her B.A., summa cum laude, from Vanderbilt University. Prior to entering law school, she taught at-risk middle school students through Teach for America, where she helped implement a gang prevention program.

Julienne Pasichow | HWG

Julienne Pasichow is an associate at HWG LLP. Her practice includes civil litigation, government investigations and enforcement actions, immigration, and legal ethics.

Julienne received her J.D., magna cum laude, from the University of California, Irvine School of Law, where she was an Associate Editor of the UC Irvine Law Review, an award-winning mock trial competitor, clinical student in the Criminal Justice Clinic, and participant in several pro bono projects ranging from misdemeanor expungements to facilitating legal name changes for transgender individuals.

Julienne received her B.A., Phi Beta Kappa, from Oberlin College. Prior to entering law school, Julienne worked as a Project Assistant for the Healthcare and FDA Enforcement practice groups in the Washington, D.C. office of a large international law firm.

* Admitted to practice in California. Practicing under the supervision of D.C. Bar members.

Session I – Basics of client communication | 2:00pm – 3:00pm

1. Basics of Client communication (e.g., intake/duties to prospective clients, conflicts checks, organizations as clients, conflicts of interests/disclosures/waivers) | 2:00pm – 2:20pm
2. Client communications re Retainer agreements | 2:20pm – 2:40pm
3. Notice to clients/duty to communicate re attorney mobility (i.e., attorneys changing firms, closing down firms, etc.) | 2:40pm – 3:00pm

Break | 3:00pm – 3:10pm

Session II – The contours of attorney-client communications | 3:10pm – 5:20pm

• Key Rules of Professional Conduct concerning attorney-client communications and confidentiality | 3:10pm – 3:40pm
• The difference between privilege and confidentiality | 3:40pm – 4:10pm

Break | 4:10pm – 4:20pm

• Training staff on best practices for communication and protecting confidential client information | 4:20pm – 4:40pm
• Clearly communicating the beginning – and the end – of the attorney-client relationship | 4:40pm – 5:00pm
• Listening to your client: are you required to do everything your client asks you to do? | 5:00pm – 5:20pm