Gain an understanding of how to handle the ethical issues that can arise in a joint representation.
Under the code of ethics of all states, lawyers are not allowed to represent potentially conflicted parties in most transactions or litigation. This basic rule seems quite simple. However, there are many situations when joint representation is not only possible but very beneficial to the parties, under the right circumstances and with the appropriate safeguards and guardrails joint representation can be successfully utilized. This CLE will explore the bright-line situations where joint representation is impossible and when it might be. In addition, we will discuss in detail the safeguards counsel must employ when entering a joint engagement in terms of communication with clients, managing expectations, and establishing the appropriate and necessary guardrails, and retainer agreements.
Agenda
What Is Joint Representation
- Definition and Examples
Benefits of Joint Representation
- Client-Side Benefits
- Lawyer Side Benefits
- Examples of Positive Joint Representation
Pitfalls in Joint Representation
- Diverging Opinions
- Ethics
Ethical Concerns
- Conflict of Interest
- Settlements
- Strategy
- Privilege
- Confidentially
Joint Representation Agreements
- Important Provisions to Consider
- Extent of the Representation
- Ethical Obligations and Consents
- Conflict Resolution and Communication
Speakers
David L. Cook
Phillips Lytle LLP
- Partner at Phillips Lytle LLP specializing in environmental law and litigation
- Emphasizes commercial, real estate, and agribusiness matters
- Expertise in federal and New York State environmental laws, compliance, and regulatory proposals
- Accomplished litigator handling diverse cases, including shareholder disputes and environmental enforcement actions
- Conducts seminars and workshops on environmental law topics
- Author of publications related to environmental law
- Admitted to practice in New York and various federal courts, including the U.S. Court of Appeals, Second Circuit
- Honors & Awards: Chambers USA (2021-2023), Best Lawyers in America® (Litigation – Environmental Lawyer of the Year in Rochester, 2022), Upstate New York Super Lawyers® List (2007-2009, 2011-2023), AV Preeminent rating by Martindale-Hubbell
- Judicially Appointed Mediator – United States District Court for the Western District of New York and the Western District of Ohio
- Community Activities: Director of Farmworker Legal Services of New York, President of Monroe County Legal Assistance Corporation, Director at Greater Rochester Community of Churches, President of Habitat for Humanity, and others
- Professional Associations: Member of American Agricultural Law Association, American Bar Association (SEER and Litigation Section), Monroe County Bar Association (Litigation Section), New York State Bar Association (Commercial & Federal Litigation Section, Environmental & Energy Law Section), and others
- J.D. degree, J. Reuben Clark Law School at Brigham Young University; M.P.A. degree, Brigham Young University; B.A. degree, cum laude, Weber State University
Who Should Attend
This live webinar is designed for for attorneys. Other legal professionals may also benefit from attending.
