Description: It has been said that lawyers have a duty to scrupulously avoid representing conflicting interests. In fact, in some jurisdictions lawyers are duty-bound to avoid placing themselves in a position where they may even appear to be doing so. But the ethical rules do not explain exactly what is meant by a conflict of interest. As Justice Marshall pointed out, the term is one that is "often used and seldom defined." This course discusses what the courts, commentators and drafters of the nations ethical codes term conflict of interest and the host of very different types of circumstances that term describes. Recorded: October 1, 2008
-Introduction
-Conflicts Between Current Clients
-Direct Adversity Conflicts
-Genesis of the Direct Adversity Rule
-Closed File Conflicts
-Conflicts Between Lawyer and Client
-Lawyers Acting in Dual Roles
-Parallel Representation
-Conflict Detection and Avoidance  | | Online Media Type: |  | Video |  |  | | State Hours: |  | CA, NY, IL, NV, FL, TX, AZ, WA, CO, TN, VA |  |  | Richard Flamm
Richard E. Flamm, a 1981 Rutgers Law School graduate, is a
nationally-recognized expert in the field of legal ethics. A litigator for more
than 20 years, since 1995 Mr. Flamm has concentrated on his Berkeley California-based law and consulting practice. In his practice, Mr. Flamm provides representation, advice and expert witness testimony with respect to legal and judicial ethics, legal malpractice, and breach of fiduciary duty matters -- with an emphasis on legal, judicial, and quasi-judicial disqualification motions and appeals. In his capacity as an expert witness, Mr. Flamm has testified, either in court or by way of affidavit, in dozens of cases involving matters of legal and/or judicial ethics. Mr. Flamm's extensive client list includes many of the nation's leading corporations and law firms.
Mr. Flamm is the author of two highly-acclaimed treatises: Lawyer Disqualification: Conflicts of Interest and Other Bases, and Judicial Disqualification: Recusal and Disqualification of Judges, which has been widely relied on by state and federal courts throughout the country. Both works are published by Banks and Jordan Law Publishing: www.banksandjordan.com. He has also authored numerous scholarly articles on conflicts of interests, disqualification and related subjects for law reviews and other publications.
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