Navigating Attorney Relationship Conflicts That May Imperil Cases

Douglas B. Fox
Douglas B. Fox
Cozen O’Connor

Doug concentrates his practice in subrogation and recovery, property insurance, commercial litigation, and civil litigation, including appellate practice. He also serves as conflicts counsel to the firm. In this role, he analyzes new businesses to identify potential conflicts and facilitates their resolution in accordance with the rules of professional conduct.

Thomas G. Wilkinson
Thomas G. Wilkinson
Cozen O’Connor

Thomas concentrates his practice in the areas of business litigation, business torts, appellate, complex insurance coverage, and professional responsibility matters. He also has substantial experience in advising lawyers and law firms on risk management and professional liability issues.

On-Demand: January 29, 2021

Navigating Attorney Relationship Conflicts That May Imperil Cases
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Program Summary

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility has issued two recent Formal Opinions (491 and 494) that provide important ethics guidance to practitioners and are especially relevant in light of the pandemic and other current events. This course will provide an ethics update and practical advice to lawyers relating to these recent Formal Opinions. The topics will include 1) Navigating Attorney Relationship Conflicts That May Imperil Cases, and 2) Lawyers’ Duties to Avoid Counseling or Assisting A Client’s Fraudulent or Criminal Behavior.

Key topics to be discussed:

  • ABA Formal Opinion 494, entitled “Conflicts Arising Out of a Lawyer’s
  • Personal Relationship with Opposing Counsel”
  • Formal Opinion 491, entitled “Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings.”
  • How Personal Relationships May Create Potential Conflicts of Interest and Client Confidentiality Concerns
  • Circumstances That May Give Rise to The Need to Decline or Withdraw from A Representation

Date / Time: January 29, 2021

  • 1:00 pm – 2:00 pm Eastern
  • 12:00 pm – 1:00 pm Central
  • 11:00 am – 12:00 pm Mountain
  • 10:00 am – 11:00 am Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.
On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.
Closed-captioning available upon request

Speakers

Douglas B. Fox_Cozen O’Connor_myLawCLEDouglas B. Fox | Cozen O’Connor

Doug concentrates his practice in subrogation and recovery, property insurance, commercial litigation, and civil litigation, including appellate practice. He also serves as conflicts counsel to the firm. In this role, he analyzes new business to identify potential conflicts and facilitates their resolution in accordance with the rules of professional conduct.

Doug is experienced in federal and multistate practice and procedure and has handled matters in more than twenty states and Canadian provinces, as well as actively pursuing subrogation and recovery for clients in Puerto Rico and Central and South America.

He was previously the chair of the firm’s Pro Bono Committee and is active in providing pro bono representation to clients in need.
Doug is admitted to practice in Ontario, New York, New Jersey, and Pennsylvania. He received his B.A., summa cum laude, from State University of New York at Albany in 1975 and earned his law degree at the University of Pennsylvania in 1979.

Thomas G. Wilkinson_Cozen O’Connor_myLawCLEThomas G. Wilkinson | Cozen O’Connor

Thomas concentrates his practice in the areas of business litigation, business torts, appellate, complex insurance coverage, and professional responsibility matters. He also has substantial experience in advising lawyers and law firms on risk management and professional liability issues. He has been retained and accepted as an expert witness in attorney professional liability cases in state and federal courts and has been appointed as a neutral mediator and discovery master.

Tom is a frequent lecturer and author on civil litigation and professional responsibility topics. He is the co-editor of the Pennsylvania Ethics Handbook, a comprehensive review of the rules of conduct governing lawyers, with extensive citations to case decisions and ethics opinions addressing all aspects of lawyer-client relationship. He is co-author (with Cozen O’Connor attorney Dan Harrington) of the chapter on “Conflicts of Interest” in the Pennsylvania Ethics Handbook.  Tom has testified as an expert witness in state and federal proceedings concerning lawyer professional liability, standard of care and professional responsibility matters.

Tom is a past president of the Pennsylvania Bar Association (PBA), and a past president of the Pennsylvania Bar Institute. He is a master of the Villanova Law J. Willard O’Brien American Inn of Court and has been a lecturer in law on professional responsibility at Villanova University School of Law.  He is a member of the American Bar Association’s House of Delegates and has been appointed by the ABA President to serve a three-year term on the ABA Standing Committee on Professionalism.  He also has served on the ABA Task Force on International Trade in Legal Services and as co-chair of the conflicts of interest subcommittee for the Section of Litigation’s Ethics and Professionalism Committee.  Tom is a past member of the Philadelphia Bar Association Board of Governors and past co-chair of its State Civil Litigation Section and Rules and Procedure Committee. He is also the chair of the Defense Research Institute Lawyer’s Professionalism and Ethics Committee.  He is a frequent author and lecturer on civil litigation and professional responsibility topics.

He is a Phi Beta Kappa graduate of the University of New Hampshire in 1978 and received his law degree in 1981 from Villanova University Law School, where he was managing editor of the Villanova Law Review.

Agenda

I. ABA Formal Opinion 494, entitled “Conflicts Arising Out of a Lawyer’s Personal Relationship with Opposing Counsel” | 1:00-1:15
II. Formal Opinion 491, entitled “Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings.” | 1:15-1:30
III. How Personal Relationships May Create Potential Conflicts of Interest and Client Confidentiality Concerns | 1:30-1:45
IV. Circumstances That May Give Rise to The Need to Decline or Withdraw from A Representation | 1:45-2:00