Ethical Foundations: Client Identity, Confidentiality, and Conflict Management

Amy Richardson | HWG LLP

Amy Richardson is a partner with HWG LLP, where she serves as Managing Partner of the firm’s North Carolina Office and as Chair of the Legal Ethics and Malpractice group. Ms. Richardson counsels and represents lawyers and law firms on a variety of matters including disciplinary investigations and malpractice matters. She teaches ethics and professional responsibility at Duke University School of Law. Ms. Richardson is also an active white-collar criminal defense practitioner.

Joel A. Osman | Parker Shaffie LLP

Joel A. Osman is Partner/General Counsel at Parker Shaffie LLP. He concentrates his practice on litigation and trials. Prior to joining Parker Mills in 2014, Mr. Osman was principal of Osman & Associates a private law firm in South Pasadena. Prior to setting up his private practice, he managed a similarly named entity which was part of staff counsel to Travelers Indemnity Company. For Travelers, he was responsible for all aspects of managing its Southern California liability practice, its multimillion dollar budget and 54 employees engaged in defense of Travelers insureds in all manner of general liability, auto, fire and subrogation matters.

Previously, Mr. Osman was a senior partner at Anderson, McPharlin & Conners LLP in Los Angeles. In his career, he has represented clients in cases involving professional liability, general liability, product liability, construction defect and commercial litigation, trying numerous jury trials to verdict. He has focused much of his interest on the defense of lawyers and legal ethics.

His current professional activities include membership in the Los Angeles County Bar Association’s Professional Responsibility and Ethics Committee (where he was the chairperson for the 2008-2009 year). He served on the State Bar’s Committee on Professional Responsibility and Conduct from 2015 through 2018.

[email protected] • (213) 622-4441 ext. 308

Session I – Client Relationship and Confidentiality: Key Issues | 1:00pm – 2:00pm

• Who is the client – not defined by ethics rules, but creates duties of loyalty and confidentiality
• The engagement letter – the basics and best practices
• Confidentiality under Rule 1.6 – the broad scope and the exceptions
• Client due diligence under Rule 1.16
• Client communications – the requirements and the limitations

Break | 2:00pm – 2:10pm

Session II – Identifying and Avoiding Conflicts of Interest | 2:10pm – 3:10pm

• Defining conflicts of interest in legal practice
• Key scenarios where conflicts arise
• Recognizing direct and indirect conflicts
• Ethical obligations and disqualification rules
• Best practices for conflict management and mitigation