Please join us for an Ethics presentation entitled “Corporate Outside Counsel Policies: How Do They Affect Your Core Professional Responsibilities?” on Wednesday, December 14 from 4:00-5:00 PM (EST).
Organizational clients have become increasingly demanding of their lawyers and law firms. They provide detailed and restrictive engagement terms and outside counsel guidelines. These provisions impact the five C’s of professional conduct. For example, commonly-included provisions contain sweeping definitions of the client identity and broad parameters of perceived conflicts of interest far beyond those contained in the ethics rules. Many policies place severe restrictions on staffing and communications with other lawyers. And, with respect to competency and control, such policies require approval for routine research and other activities which challenge an attorney’s ability to act as an advisor and counselor. Finally, confidentiality and information security requirements restrict a lawyer’s ability to utilize research on an issue for one client for the benefit other clients. In addition, broad indemnity clauses may expand a lawyer’s liability to the client beyond the scope of malpractice insurance coverage.
This CLE will review the applicable rules of professional conduct, provide examples of some of the provisions which restrict a lawyer’s core duties, and provide practical advice for attorneys facing these provisions at the inception of an engagement.
The program is approved for one (1) MCLE Ethics credit in California, New Jersey (through reciprocity), New York and Pennsylvania. Credit for other jurisdictions may be available upon request.
Live simultaneous videoconference available in the following Pepper Hamilton offices: Berwyn, Boston, Detroit, Harrisburg, Los Angeles, New York, Orange County, Pittsburgh, Princeton, Silicon Valley, Washington, D.C., Wilmington.
Content contributed by attorneys of Troutman Sanders LLP and Pepper Hamilton LLP prior to July 1, 2020, is included here, together with content contributed by attorneys of Troutman Pepper (the combined entity) after the merger date.