Attorneys who believe that violations of ethics rules may only be used against them in a disciplinary proceeding are, unfortunately, mistaken. Among the courts that have addressed this issue, the overwhelming majority have held that evidence of an ethics violation is admissible in an action for breach of fiduciary duty or professional negligence. And in our increasingly complex and intertwined legal and business world where change is the only constant, ethically navigating through the conflicts of interest rules can give you headaches and leave you confused – and could even lead to disqualification, disgorgement or even a malpractice lawsuit.
To learn more about the practical application of the conflicts rules, join attorney Edward J. McIntyre as he shows you how to approach and analyze conflicts of interest through a series of recent case examples. The main topics that Mr. McIntyre covers include ethics & risk mitigation, conflicts between current clients, conflicts & successive representation, conflicts based on an attorney’s personal interests or relationships conflicts based on the receipt of confidential information outside of the attorney-client relationship. Further topics discussed include the ABA Conflicts of Interest Rules (Model Rules 1.7, 1.9, 1.18), California Rule of Professional Conduct 3-310, actual vs. potential conflicts, where conflicts arise, the standard of care, breach of fiduciary duty, the duty of loyalty, conflict checks & advance waivers, informed written consent & written disclosure, possible consequences of rules violations, disqualification vs. discipline, conflicts-check systems and joint/dual representation.
A veteran trial attorney, Edward J. McIntyre practices complex business litigation in federal and state courts. He also now advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence issues. Mr. McIntyre is an expert on the topic of professional responsibility. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.