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This 60-minute CLE presentation discusses both the advantages and risks associated with utilizing text messaging to communicate with clients – both current and prospective. It further examines the issues of soliciting new clients, maintaining attorney-client privilege, preservation of records, the possible misinterpretations of messages sent through this shortened, informal communication. After examining these four issues, the CLE provides some best practices and provides sample retainer language, secure texting programs, and protocols for attorneys to use so they can better avoid ethics liability, and thus lessen the firm’s exposure to costly damages.
This popular, advanced program covers significant recent developments and how they affect estate planning practice. Featuring a nationally renowned faculty of estate planning lawyers, as well as Professor Jeffrey N. Pennell, this video is designed for sophisticated practitioners who need to stay up-to-date on changes in the field!
Drafting and negotiating the varied clauses contained in restaurant leases presents a unique set of challenges involving complex issues not found in other retail agreements. The interplay between these critical provisions will not only set the standard for a successful landlord-tenant relationship, but also avoid costly problems down the road. Regardless of whether your represent a landlord or tenant, you need to be able to identify the most problematic lease sections.
As the traditional nuclear family has changed because of evolving social and legal norms and scientific and technological developments, estate planners must be prepared both for issue spotting and thoughtful problem solving with regard to issues clients face, how existing trusts are interpreted, and how new estate planning instruments can be drafted for sufficient flexibility.
The Department of Justice (DOJ) has recovered billions of dollars in False Claims Act (FCA) cases. In 2018 alone, the government recovered $2.8 billion from FCA cases. The stakes for corporate and individual defendants are huge, and the potential qui tam relator awards are enormous (three quarters of all 2018 FCA recoveries were cases initiated by qui tam relators). Register for this program to better prepare yourself and your client for your next matter.
Most attorneys are familiar with the basic concepts of conflicts of interest and when a lawyer needs – and can get – informed consent to cure a conflict. But in some situations, the ethics rules are less clear. Can you take inconsistent legal positions on behalf of different clients in different matters? May you engage in business transactions with your clients? Are there some conflicts that simply cannot be waived? This video will unwrap some of the surprising scenarios where conflicts of interest arise, and how you can avoid falling into an ethics trap!
The most formidable adversary of the legal profession today is the conflagration of chronic stress, depression, and substance abuse affecting attorneys and law students alike. Substance abuse, a coping mechanism for stress and depression, compromises an attorney’s ability to provide effective client services. Indeed, lawyer well-being has become an industry-wide focus for all stakeholders in the profession: law firms, law schools, the judiciary, bar associations, and other legal service organizations.
A real estate opinion letter should protect the client—and the attorney who delivers it.
In a growing number of large real estate transactions, a legal opinion can be the key to closing the deal. There is a good reason for this: the opinion provides professional judgment on a variety of legal issues relating to the transactions, giving both sides the level of confidence needed to go forward. But these opinions have their own limitations, so the best way to make them work is to know how to draft and use them to represent and protect your client—and yourself.
As a director of a nonprofit board, you may very likely face tricky ethical issues if also asked to provide pro bono legal services to the organization. Do you know how to resolve a potential ethical conflict between your role as a fiduciary and your role as an attorney?
Whether you are currently serving on a nonprofit board or are considering such service, you must attend this program to learn about the conflicts that can arise and how to resolve them if they do! The faculty will also explore how to set the confines of representation and ensure protection of the attorney-client privilege.
There is certainly a buzz around blockchain’s ability to present businesses with a new array of options to conduct transactions and make agreements via smart contacts. This new technology promises businesses an easily accessible way to create contracts that are transparent, traceable, and irreversible without the need of intermediaries. But does the technology live up to the hype? What are the latest legal implications?