It is All About the Kids: The Nobility of Amateurism.

Slides:



Advertisements
Similar presentations
CAN I LIE TO YOU? FALSE STATEMENTS, FAILURES TO DISCLOSE AND OTHER SINS IN COMMUNICATING WITH TRIBUNALS By: Bruce A. Campbell Campbell & LeBoeuf P.C.
Advertisements

Wayne County Pro Bono Conference August 15, 2012 Ethics and Assisted Pro Se Representation.
How to Survive a 12-Hour Road Trip with Opposing Counsel (1 Ethics Credit) Presented by: Brian Nichols, Paul Spruhan & Christina West.
CONFLICTS OF INTEREST Barry M. Klayman (TBA) & Eric A. Tilles Arkema Inc.
John Steele, Attorney at Law
© Copyright Cecily Anne Snyder Ethical Considerations in Licensing Negotiations January 13, 2004 Cecily Anne Snyder, Vice President, Legal Affairs.
© The McCoy Law Firm 2012 James McCoy The McCoy Law Firm Coit Rd., Ste. 560 Dallas, Texas (214)
Law 20 Conflicts of Interest. o Based on duties of o Loyalty o Confidentiality o Rules cover: o Concurrent representation of adverse clients o Representation.
Confidentiality A Defining Duty. What are sources of confidentiality obligations? Constitutional law Disciplinary rules Fiduciary responsibility Court.
BELMONT UNIVERSITY AMERICAN INN OF COURT SEPTEMBER 9, 2014 PRESENTED BY KRISANN HODGES DEPUTY CHIEF DISCIPLINARY COUNSEL - LITIGATION BOARD OF PROFESSIONAL.
Ethical Concerns Facing Title IV-D Attorneys
Mid-America Regulatory Conference Kansas City, Missouri June 8, 2010.
Alternative Fee Arrangements: Ethical and Practical Considerations.
Scott F. Johnson Maureen MacFarlane.  Attorneys have a myriad of ethical obligations  This presentation covers some of those obligations and considers.
Business Immigration Ethics James D. Prappas Jackson Walker L.L.P. Houston, Texas Margaret D. Stock Cascadia Cross Border Law Group Anchorage, Alaska 12th.
Inner Temple Presents She-Lock Holmes & Dr. Watson starring in: The Town Without a Lawyer.
Two Hats, One Lawyer: Demystifying Privilege & Confidentiality Stuart I. Teicher, Esq.
The rule in paragraph 1.10(a) also does not prohibit representation by others in the law firm where the person prohibited from involvement in a matter.
Ethics and the governmental environmental attorney Brent Foster, Special Counsel to the Oregon Attorney General
Legal Ethics for Social Services Attorneys Institute of Government 2006.
© 2003 Rule 1.9. Duties to Former Clients (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person.
ETHICS: THROWING IN THE KITCHEN SINK— HOW FAR CAN YOU GO IN PRESENTING DAMAGES IN LITIGATION, MEDIATION, AND NEGOTIATION? PRESENTERS: Kirsten K. DavisPatrick.
Outsourcing: The Ethical Issues Steven M. Richman November 2014.
Legal Fees, Timekeeping, and Billing Chapter 5 Practical Law Office Management, 3 rd Edition, Thomson Delmar Learning ©2007 Thomson Delmar Learning. ALL.
All in the Municipal Family Concurrent Conflicts, Model Rule 1.7, and the Government Lawyer.
ETHICS FOR IN-HOUSE COUNSEL A Special 2-Hour Ethics CLE Program for the ACC Georgia Chapter ETHICS.
Earl McGowen.  Jan Schlictmann  Contingency Fee  Anthony Roisman  Public Interest Law Firm  Trial Lawyers for Public Justice.
Ethics and Technology: PALawHELP.org and PAProbono.net Pro Bono Primer: Tools and Information for the Pro Bono Lawyer June 27, 2008.
Chapter Six Fees and Client Funds In this chapter, you will learn about: How fee arrangements are made with clients, including fixed fees, contingency.
Calendaring, Docket Control, and Case Management Chapter 7 Practical Law Office Management, 3 rd Edition, Thomson Delmar Learning ©2007 Thomson Delmar.
1 Rule 1.9 Duties To Former Clients (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the.
Quick Review of Model Rules for the MPRE. Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation requires.
The Ethics of Internal Investigations SELECTED ABA MODEL RULES OF PROFESSIONAL CONDUCT AND COMMENTS By: Cecil E. Morris, Jr. Pendleton, Wilson, Hennessey.
Video Clips Added Here Liar Liar clips: Dad Liar, In The Office, B-Day Wish.
EVIDENCE Some Basics Spring Overview The cases you read involve facts and law Most often appellate courts decide legal issues based on the facts.
Week 9.  Arising out of prior or simultaneous representation of another party in the case  Arising out of relationship with opposing attorneys  Arising.
Goals: The students will 1. Continue with their study of case briefing. 2. Learn about legal ethics and the Model Rules.
Avoiding Traps in Internal Investigations H. Lee Barfield II Bass, Berry and Sims PLC November 5, 2010.
Code of Ethics for Professional Accountants of HKICPA
Chapter 19: Ethical Responsibilities Chapter 19 Ethical Responsibilities.
Professional Responsibility Law 115 Wed., Dec. 5.
Do You Have One?. “I represent the city as an organization and I do not represent you and I cannot guarantee the confidentiality of what you tell me.”
The “no-contact” rule. Rule 4.2 Communication With Person Represented By Counsel In representing a client, a lawyer shall not communicate about the subject.
LINCOLN INN PRESENTS Difficult Clients and Compensation Issues.
A Response to SEC Enforcement Director Robert Khuzami’s June 1, 2011 Speech Barry J. Mandel Foley & Lardner LLP November 2, 2011 Chair of Foley & Lardner’s.
TOPIC M: DUTIES TO COURTS 2016 P.R. Prof. Janicke.
Third Party Insurance Defense Work: Who is really the Client? Michael McTaggart Counsel Norton Rose Fulbright US LLP November 7, 2015.
Privilege, Privacy, Waiver & Ethical Considerations.
1 ETHICAL LAWYERING Spring, 2006 Class Cal. Civ. Proc. Code (a) Every trial court may order a party, the party's attorney, or both to pay.
1 Ethical Issues in Negotiation, ADR, and Litigation Don Yenovkian* Director, Acquisition ADR Program Office of the Army General Counsel 8 November 2012.
1 Ethical Lawyering Fall, 2006 Class 6. 2 MR 1.1 A lawyer shall provide competent representation to a client. Competent representation requires the legal.
1 Ethical Lawyering Spring 2006 Class 8. 2 Rest. 68 Except as otherwise provided in this Restatement, the attorney-client privilege may be invoked as.
Section 285 Litigation Ethics Conflicts of Interest Prosecution Bars Grab bag
Advertising and Solicitation. MR 7.3(a) – p. 126 A lawyer shall not by in-person live telephone or real-time electronic contact solicit professional employment.
Beginning and Ending the Lawyer-Client Relationship.
Fairness in Litigation. MR 3.5 – p. 88 A lawyer shall not: (a) seek to influence a judge, juror, prospective juror or other official by means prohibited.
1 Ethical Lawyering Fall, 2006 Class MR 1.5 (a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable.
Recognizing the Client
DELVACCA Ethics in Settlement Negotiations and Mediation Cathy Codrea Michael Duff Stephen G. Harvey Michael K. Jones Charles S. Marion August 18, 2010.
CIPA Visit to ASPA 5 October 2016
What are the rules that apply? What are duties of the lawyer?
Slicing the Pufferfish: An Update on Risk Management in a Firm in Light of Legal and Business Conflicts Ava K. Doppelt, Esq. Allen, Dyer, Doppelt, Milbrath.
Mentor Orientation Richard Linn Inn American Inn of Court
Candor and Truthfulness in the Age of Fake News and Alternative Facts
Jessica Intermill Founding Member, Hogen Adams PLLC
Difficult Clients and Compensation Issues
Legal Ethics of Information Governance Presented by Sean Monahan
Navigating ethics issues in FERC enforcement investigations
Ethical Representation of Landlords and Tenants
Practical & Ethical Guidelines for Texting with Clients
Presentation transcript:

It is All About the Kids: The Nobility of Amateurism

(a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; (2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or (3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false. (b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. (c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. (d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer which will enable the tribunal to make an informed decision, whether or not the facts are adverse.

November 14, 2013 Former KU football player sues NCAA over concussions

American Rugby Football

President Teddy Roosevelt 1905

1.5 Client-Lawyer Relationship: Fees (a) A lawyer's fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent

No. 109,026 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ELLEN BYERS BOUTON, Appellant, v. WALTER BYERS, Appellee. SYLLABUS BY THE COURT

1951 First NCAA Suspension

1.7 Conflict of Interest: Current Clients (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a substantial risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. (b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing.

Colorado Supreme Court 1955

1984 United States Supreme Court Oklahoma v. NCAA

1988 NCAA v. Tarkanian U.S. Supreme Court

NCAA Rule 10.1 (j) specifies that anything short of complete cooperation could be interpreted as unethical conduct, affecting amateur status.

1999 Law v. NCAA

Thanksgiving 2011 FBI Cam Newton Investigation

2011Under Armour pays Auburn $11.5M for 11 Uniform logos

2011 BCS Bowl Purses $181,912,310.00

Big East$154,122,296$419,389, % Big Ten$138,054,933$621,975, % ACC$133,479,911$420,260, % SEC$124,636,534$763,780, % Big 12$105,706,308$554,184, % Pac-10$80,129,005$350,080, % A-10$54,582,759$126,729, % C-USA$42,163,719$182,752, % Mountain West$36,440,056$145,610, % Missouri Valley$28,781,605$72,307, % Colonial$27,144,900$94,402, % WAC$22,804,109$103,977, % West Coast Conf$18,330,286$41,377, % Horizon$17,664,239$37,612, % Big XII Schools paid $258,000 Per Tournament Game

March 14, 2012 Jamar Samuels suspended $200 for food

NCAA Bylaw Prohibits actual negotiation with any professional team by an adviser, on pain of disqualification for the college athlete

ANDREW OLIVER OSU PITCHER