Problem pp. 347-8 a)Asst. AG in charge of state securities div. leaves and joins private firm, is asked to represent P in suit against D for sec. law violation;

Slides:

Advertisements

Similar presentations

Remedies Against Govt Defendants – Some Basics 11 th amendment bars suits against the State, unless Lawsuit is against state officer in their official.

Advertisements

Wayne County Pro Bono Conference August 15, 2012 Ethics and Assisted Pro Se Representation.

Courts and the Quest for Justice. In Theory: Courtroom Ideals  Courts have extensive powers in our criminal justice system.  The courts legitimacy is.

Center for Law, Energy & the Environment (CLEE) Legal Ethics— The Revolving Door Conundrum Conference of Western Attorneys General Sun Valley, Idaho August.

Dealing With The Client You Can’t Fire Local Government Seminar January 29, 2015 Presented by: Arthur (“Art”) Pertile, III Partner.

Chapter Four Conflicts of Interest In this chapter, you will learn about: Rules governing conflicts involving clients, including simultaneous and successive.

Rule 1.11, Subsection (a) Applies to FORMER service as public officer or government employee. Standard of Review – PERSONALLY AND SUBSTANTIALLY participated.

(1) WITHDRAWAL MRPC 1.16 (addressed to lawyer!): structure (a) Mandatory withdrawal (or prohibited acceptance) (b) Permissive withdrawal (i) w/o material.

1 WHAT CAN I DO ABOUT OPPOSING COUNSEL TALKING TO OUR EMPLOYEES? James H. Gilliam BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA Telephone:

Role of and Duties of Plan Commission Members Ralph E. Booker.

Seeking Employment and Post Employment Obligations for Government Attorneys Entering the Private Sector Peggy LoveStephen J. Csontos Deputy Ethics OfficialAttorney.

Seeking Employment and Post Employment Obligations for Government Attorneys Entering the Private Sector Peggy LoveStephen J. Csontos Deputy Ethics OfficialAttorney.

BELMONT UNIVERSITY AMERICAN INN OF COURT SEPTEMBER 9, 2014 PRESENTED BY KRISANN HODGES DEPUTY CHIEF DISCIPLINARY COUNSEL - LITIGATION BOARD OF PROFESSIONAL.

1 Conference of California Public Utility Counsel 2009 Annual Meeting Hot Topics in Ethics -- Recent Conflict of Interest Developments Affecting Practice.

Ethical Concerns Facing Title IV-D Attorneys

(1) Basic Obligation of Care  Ethics Rules  MRPC 1.1) Competence reasonably necessary for the [particular] representation  legal knowledge  skill 

CONFLICT OF INTEREST ISSUES PERTAINING TO JOINT LEGAL REPRESENTATION.

John Steele, Attorney at Law

1. Engineers shall not undertake technical assignments for which they are not qualified by education or experience." To do so would be "faking it." This.

Matthew L. Harvey Office of General Counsel Illinois Commerce Commission.

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.

McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 17 Administrativ e Law.

Conflicts and the Duty to Supervise for In-House Counsel Brian McCormac BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA Telephone:

All in the Municipal Family Concurrent Conflicts, Model Rule 1.7, and the Government Lawyer.

Ethics and Technology: PALawHELP.org and PAProbono.net Pro Bono Primer: Tools and Information for the Pro Bono Lawyer June 27, 2008.

A(2) Unrelated Rep. of Current Client’s Adversary Problem p. 306 question (d): You defend son in auto accident case, learn of plaintiffs’ witness who says.

The Ethics of Internal Investigations SELECTED ABA MODEL RULES OF PROFESSIONAL CONDUCT AND COMMENTS By: Cecil E. Morris, Jr. Pendleton, Wilson, Hennessey.

Ethical Pitfalls of Representing Multiple Clients in a Transaction Presented by Suzanne Raggio Westerheim, Attorney, Mediator, and Counselor to the Legal.

Chapter 18 Administrative Law Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent.

Types of Law II OBE-118, Section 3 Fall 2004 John McKinsey Today we finish developing a good understanding of the three-dimensional spider web known as.

MRPC 1.9  para. (c) basic duty: confidentiality (1) don’t use conf. info relating to prior rep. to disadvantage of former client (2) don’t reveal conf.

Rule 17 Originally promulgated in 1992, amended in 1996 to take effect in 1997 Subject to local adoption Jackson County adopted as Rule 25.

Week 9.  Arising out of prior or simultaneous representation of another party in the case  Arising out of relationship with opposing attorneys  Arising.

Kaiser Permanente and California Minority Counsel Program January CLE Marathon Panel Presentation: Internal Investigations From Employment to White Collar.

2010 USPAP Changes & Common USPAP/UA Interfaces Federal Agency Update Sponsored by the Appraisal Institute and the International Right of Way Assoc. 1/26/10.

ETHICAL ISSUES SURROUND ELECTRONIC COMMUNICATIONS Unit 3.

John Steele. Model Rules Framework  1.7 – Current Client Conflicts  1.8 – List of Current Client Conflicts  1.9 – Former Client Conflicts  1.10 –

The History of Law Vocabulary BMA-LEB-2: Compare and contrast the relationship between ethics and the law for a business.

Professional Responsibility Law 115 Wed., Dec. 5.

Unit 5 Midterm Review. What are some of the components of the ABA?

A(2) Direct Evidence in Lawyer’s Possession Problem pp  What about her decision to go to the scene – any argument for not doing that?  Victim’s.

ABA CRIMINAL JUSTICE SECTION INTERNAL INVESTIGATIONS: NAVIGATING THE ETHICAL MINEFIELD.

SOURCES OF RULES  ABA Model Code of Judicial Conduct  1990 version (supplement)  Canon 3: Impartiality and Diligence  3(E): Disqualification (duty.

Ethics of Representing Governmental Entities Helen M. Hierschbiel OSB General Counsel.

TOPIC A: REGULATION OF THE PROFESSION P.R Prof. Janicke.

TOPIC G: CLIENTS’ RIGHTS 2016 P.R. Prof. Janicke.

TOPIC K: JUDICIAL ETHICS P.R Prof. Janicke.

TOPIC J: DUTIES TO FORMER CLIENTS 2016 P.R. Prof. Janicke.

Attorney is another name for a Lawyer. There are more than 1 million lawyers in the United States –More than 70% have their own private practice –10%

TOPIC A: REGULATION OF THE PROFESSION P.R Prof. Janicke.

A. Privilege and Confidentiality  confidentiality: professional law, and the law of agency  the duty of the lawyer as agent (and fiduciary) not voluntarily.

1 ETHICAL LAWYERING Spring, 2006 Class MR 7.3(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional.

Professional Responsibility Law 115 Wed., Nov. 28.

Where to find answers NAFSA Region II Conference October 21-24, 2008 Park City, Utah Shama Ali, Creighton University Deborah Kuiken, University of Arizona.

1 The Nature of Ethics Ethics is generally concerned with rules or guidelines for morals and/or socially approved conduct Ethical standards generally apply.

Section 285 Litigation Ethics Conflicts of Interest Prosecution Bars Grab bag

City of Chicago Board of Ethics “The Revolving Door” 740 North Sedgwick, Suite 500 Chicago, IL

Arizona City Attorneys Association Conference, May 19, 2016 Update on Ethics Rules for Government Lawyers Geoffrey Sturr Osborn Maledon, P.A.

Midterm Review 1.  Lawyers have ethical obligations that are required by the organizations to which they belong.  Lawyers are “members of the bar”,

Recognizing the Client

COUNSELING THE GOVERNMENT LAWYER: Revolving Doors and More APRL 2011 Midyear Meeting Atlanta GA 10 February 2011.

ESSENTIAL QUESTION Why does conflict develop?

CIPA Visit to ASPA 5 October 2016

What are the rules that apply? What are duties of the lawyer?

TOPIC J: DUTIES TO FORMER CLIENTS

Moderator: Brittany Kauffman, IAALS

Five Main Sources of Law

Sources of Law/ Types of law

BIAS Fundamentals of Law Practice

Presentation transcript:

Problem pp a)Asst. AG in charge of state securities div. leaves and joins private firm, is asked to represent P in suit against D for sec. law violation; sec. div. was investigating D before AAG left (1) would AAG be disq. by MRPC 1.9(a or b)? (2) if not, is she limited by MRPC 1.11? How? Why? (A) did she “personally and substantially participate” in the same matter as AAG? Cf. Sofaer, p.380, and Kovacevic, n. 1 p. 387

Question (a) p c’t’d (B) did she acquire confidential gov’t information about D as AAG, which could be used to D’s material disadvantage? MRPC 1.11(c), with definition! (C) has agency given informed consent (confirmed in writing)? (i) skepticism about agency consent – what are the problems? Who makes the decision to consent or not? What motivations might they have?

Problem pp c’t’d (b) Assume instead that P consults Day, one of ex-AAG’s partners. Can Day undertake the representation? Under what circumstances? See Kovacevic, n. 1 p. 387 (1) is AAG disqualified? If not, what problem? (2) timely screening (same as 1.10)? (3) Written notice to gov’t agency?

Problem pp c’t’d (c) Suppose what Croft or Day is asked to do is represent D (Armstrong) in an action brought by agency, on a similar charge relating to another land development not yet under investigation by agency when she left (1) same matter? MRPC 1.11(d)(1) (2) “substantially related” matter w/n 1.9? If so, is Croft disqualified on that ground? (3) personal and substantial participation by Croft?

Problem p c’t’d (d) Suppose the private client is not Armstrong but Peter Pike, not known to be involved before Croft left, but now sued as a co-conspirator with Armstrong (1) same matter? (2) personal and substantial participation by Croft?

Further issues of GAs  MRPC 1.11(d) deals with conflicts of interest of a current gov’t attorney  no participation in matter in which they participated personally and substantially in prior private practice or non-governmental employment, w/o consent of the agency!  what about the prior private client? Cf. MRPC 1.9!  no negotiation for private employment w/ party or lawyer for party in a matter in which GA is personally and substantially participating

Further issues of GAs  MRPC 1.12 extends most rules of 1.11 to former judges and other third-party neutrals  Most government agencies are subject to conflict-of-interest (and other government ethics) rules adopted under other law (constitution, statute, regulation) which will likely control over the lawyers’ rules