Ethical Traps That Lead to Attorney Disqualification in Business Litigation

Date: Available 24/7 CLE Credits: 2 Ethics

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Course Description

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This course was recorded on May 16, 2017

The Model Rules of Professional Conduct are the basis for disqualification. Attorneys owe an undivided duty of loyalty to their clients. This duty dictates that anything that would impede that duty of loyalty or the exercise of the attorney’s independent professional judgment considers a conflict of interest and basis for disqualification. One of the most common conflicts arises when an attorney represents an entity. In addition to disqualification of counsel for conflict of interest, there is disqualification for abuse of discovery and other pretrial conducts.

  • Farnoosh Faryabi
    Farnoosh Faryabi received her bachelor’s degree in Chemistry and Near Eastern Languages and Civilization from the University of Washington and her Juris Doctor from Thomas Jefferson School of Law. Additionally, Farnoosh received a post-doctoral LL.M. in Health Law from the University of Washington School of Law. Farnoosh served as a staff editor of the Evans School Review Journal and was the LL.M representative of the student health law organization at the University of Washington. Farnoosh was the recipient of the 2013-2014 outstanding research paper award for the health law graduate program at the University of Washington School of Law. She previously served as an intern legal advisor in small claims at the Superior Court of California County of San Diego, and also worked as a judicial extern at the King County Superior Court. While an undergraduate  at the University of Washington, Farnoosh worked as a lab assistant at University of Washington’s Department of Transplant.

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      • 2 Ethics Credits (Pending)
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    1. Disqualification based on conflict of interest Entity representation and identity of the client
      • Model Rule 1.13-Organization as client
      • Model Rule 1.7-Conflict of interest-current clients
      • Model Rule 3.7- Lawyer as witness
      • Model Rule 1.9- Duties to former clients
      • Model Rule 1.10- Imputation of conflict of interest
      • Model Rule 1.6- Confidentiality of information
      - Is the conflict consentable?

      - Obtaining informed consent and the format

        • Disqualification based on abuse of discovery and other pretrial conduct
          • Model Rule 3.4- Fairness to Opposing Party and Counsel
          • Model Rule 3.6- Trial Publicity
          • Model Rule 3.7- Lawyer as witness
          • Model Rule 4.2- Communication with represented parties
          • Model Rule 4.3- Dealing with unrepresented persons
          • Model Rule 8.4- Misconduct

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