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Despite best efforts, lawyers may develop ethical conflicts with their clients. Sometimes these conflicts may initially seem like positive developments. The lawyer may seek to buy into a client's business enterprise or participate in a transaction, be offered a gift by a client, or even develop a romantic relationship with a client. But these and many others come with substantial ethical issues.
Sometimes these conflicts may be more immediately problematic, as when a lawyer leaves a law firm and wants to take his or her clients to the new firm, or when a client refuses to pay legal fees, or worse, as when the lawyer has a duty to disclose certain acts of his or her own malpractice.
This program provides a real world guide to lawyer conflicts with their clients and how to avoid or resolve them.
Part 2 topics include:
- Dishonest clients – what must you do?
- Lawyers as witnesses – how do you handle the conflict and privilege issues?
- Clients with diminished capacity – from whom do you take instructions? What are the other issues?
- Settlements – what if a client's tactics are improper?
- Malpractice – do you have a duty to disclose?