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Avoiding Ethical Traps

 

Learn about common conflict rules that are broken and how to avoid them.

With an attorney's busy schedule and practice distractions, attorneys will sometimes not fully comprehend and fully analyze the application of the Rules of Professional Conduct to a specific proposed course of action and thereby inadvertently violate a rule, which can lead to a professional complaint against the attorney. There are also rules that appear to be contradictory, for example the rule of confidentiality and the obligations of disclosure to a tribunal and third party. The failure to consider all the applicable rules, and understand their relationship, will result in violations. This topic is designed to provide the basic tools and knowledge necessary for an attorney to recognize potential ethical issues and how to resolve them. The information will cover those areas of conduct that commonly lead to professional complaints against the attorney, and areas of ethics that are commonly misunderstood because of what appears to be inconsistencies with the rules. The material will cover topics such as the duty of confidentially and obligation of truthfulness and honesty with third parties and the tribunals. There will be a discussion of commonly violated conflict rules that arise when an attorney engages in business with a client or otherwise takes an economic interest adverse to a client, or a conflict issues that arise between current clients or a former client. The topic will include a discussion of the subtle issues than can occur regarding the scope of representation. Knowledge of the rules of professional conduct not only benefit your relationship with your clients, it also protects the attorneys from claims for inappropriate behavior.

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Avoiding Ethical Traps

Faculty

John A. Snow

John A. Snow

Parsons Behle & Latimer

  • Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
  • Practice consists of general civil litigation; including commercial, professional malpractice, construction, and insurance coverage and defense
  • Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation and construction
  • Designated in Utah Business magazine‚Äôs Utah Legal Elite in the areas of business and civil litigation and construction law, and as a Super Lawyer in the Mountain States in Super Lawyer magazine
  • Ranked in Chambers USA for Utah in general commercial litigation
  • Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
  • Can be contacted at 801-536-6772 or [email protected]
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Avoiding Ethical Traps

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