Join us for a Two-part CLE that benefits both
New Lawyers and Professional Liability
Happy Hour to Follow
Happy Hour to Follow
Attend one or both, you choose
2 hours Ethics CLE applied for
Attend in person or via Webinar
Registering for either or both? Just sign up once and attend in the topic(s) you want to participate in
The first hour of the presentation (Steer Clear of Legal Malpractice and Ethics Complaints) will be mainly for the benefit of the New Lawyers Section of the CDLA, although all participants may benefit. The second hour of the presentation (Review of Recent Legal Malpractice and Attorney Discipline Opinions) will be primarily directed at the Professional Liability Section of the CDLA, although, once again, all participants may benefit. Details of each presentation below:
The Steer Clear of Legal Malpractice and Ethics Complaints presentation will address methods for avoiding legal malpractice claims and requests for investigations to the Colorado Office of Attorney Regulation Counsel.
Participants will learn the following:
- Identifying and avoiding problem clients and problem situations, Col. R. Prof. Conduct 1.1 and 1.4;
- Identifying and avoiding conflicts, Col. R. Prof. Conduct 1.7 and 1.8;
- Defining the scope of the representation through engagement letters and agreements, Col. R. Prof. Conduct 1.5;
- Effective methods of communicating with clients, Col. R. Prof. Conduct 1.4;
- Avoiding missed deadlines, Col. R. Prof. Conduct 1.3;
- Turning down representations, Col. R. Prof. Conduct 1.16; and
- Resources for analysis of ethical issues.
The Review of Recent Legal Malpractice and Attorney Discipline Opinions will discuss legal issues analyzed in recent opinions issued by the Colorado Court of Appeals and Supreme Court and published opinions of attorney disciplinary proceedings by the Office of the Presiding Disciplinary Judge and the Colorado Supreme Court.
The following issues will be considered during the review of recent case law:
- Collectibility - plaintiff’s burden of proof or lawyer’s affirmative defense;
- Strict Privity Rule - precludes attorney liability to non-clients absent fraud, malicious conduct or negligent misrepresentation;
- Implied Waiver of Attorney-Client Privilege - must be based on client’s assertion of claim or defense that depends on the privileged information; and
- Other timely topics.
The following ethical violations will be discussed in the review of published opinions of attorney disciplinary proceedings:
- Attorney’s improper “business transaction” with client, Col. R. Prof. Conduct 1.8(a);
- Failure to use reasonable diligence and promptness, Col. R. Prof. Conduct 1.3;
- Failure to reasonable communicate with clients to inform about status of case and respond to requests, Col. R. Prof. Conduct 1.4(a);
- Improper termination of representation, Col. R. Prof. Conduct 1.16(d);
- Failure to respond to OARC’s requests for information, Col. R. Prof. Conduct 8.1(b);
- False and misleading communications about services, Col. R. Prof. Conduct 7.1(a)(1);
- Dishonesty, fraud, deceit and misrepresentation, Col. R. Prof. Conduct 8.4(c);
- Failing to appear at court proceedings, Col. R. Prof. Conduct 3.4(c);
- Improper prospective limitations on attorney’s liability for malpractice, Col. R. Prof. Conduct 1.8(h)(1); and
- Misconduct of criminal act that reflects adversely on lawyer’s honesty, trustworthiness or fitness, Col. R. Prof. Conduct 8.4(b).
Attend in person or via Webinar
Registering for either or both? Just sign up once and attend in the topic(s) you want to participate in
Attend in person or via Webinar
Registering for either or both? Just sign up once and attend in the topic(s) you want to participate in
Presented by:
- New LawyerChair: Hillary Patterson, Frank Patterson & Associates, and
- Prof. Liability: Jim Miletich, McConnell Fleischner Houghtaling