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Joint Representations: Avoiding Ethical Issues

Gain an understanding of how to handle the ethical issues that can arise in a joint representation.

Under the code of ethics of all states, lawyers are not allowed to represent potentially conflicted parties in most transactions or litigation. This basic rule seems quite simple. However, there are many situations when joint representation is not only possible but very beneficial to the parties, under the right circumstances and with the appropriate safeguards and guardrails joint representation can be successfully utilized. This CLE will explore the bright-line situations where joint representation is impossible and when it might be. In addition, we will discuss in detail the safeguards counsel must employ when entering a joint engagement in terms of communication with clients, managing expectations, and establishing the appropriate and necessary guardrails, and retainer agreements.

57 minutes
Course Exam
Certificate of Completion

Lorman Education Services Offers Comprehensive Joint Representation Legal Training

Maintaining the confidentiality of all parties involved in the legal matters poses a significant challenge. Conflicts of interest may also arise in these situations. Attorneys need effective, relevant joint representations legal training to help them avoid the possibility of ethical breaches that could jeopardize the outcome of a case.

This course covers specific joint representation ethical issues such as determining who is and who is not a client, addressing conflicts, the need for confidentiality and how to maintain it, and understanding and protecting communications.

Save Time With Convenient On-demand Joint Representation Legal Training

Busy attorneys often have difficulty finding the time to participate in training activities. With our on-demand training program, you can stay abreast of the latest developments in joint representation ethics from the comfort of your office, whenever your schedule allows. This program is available as an archived online presentation with audio and slideshow, which you can access on a 24/7 basis. Other options include an audio & reference manual featuring PDF and MP3 files delivered on a USB flash drive, as well as a downloadable MP3 audio recording of the program.

Satisfy All of Your Ongoing Training Requirements With an All-Access Pass

Ongoing training is essential for professionals in just about every line of work these days. The Lorman All-Access Pass gives you around-the-clock access to numerous training resources such as live virtual presentations, on-demand programs, course manuals, whitepapers and articles. Pay one set price and get unlimited training for an entire year. Use the state-specific credit tracker to monitor your progress in fulfilling your continuing education requirements and read the members-only newsletter to stay informed on the latest developments in joint representation ethics and other pertinent topics.

Why Choose Lorman for Your Joint Representations Legal Training?

Lorman Education Services offers more than 28 years of experience in helping professionals in a wide range of industries meet their continuing education and training requirements. Our more than 1.4 million customers know that our programs provide the skills they need to stay compliant and improve function and efficiency. Our programs can also help you develop new skills that enable you to stay one step ahead of the competition.

Get the joint representations legal training you need to handle any ethical issue that arises in these complex multi-party matters. Purchase your on-demand training program from Lorman Education Services today or contact us for additional information.

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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

What Is Joint Representation

  • Definition and Examples

Benefits of Joint Representation

  • Client-Side Benefits
  • Lawyer Side Benefits
  • Examples of Positive Joint Representation

Pitfalls in Joint Representation

  • Diverging Opinions
  • Ethics

Ethical Concerns

  • Conflict of Interest
  • Settlements
  • Strategy
  • Privilege
  • Confidentially

Joint Representation Agreements

  • Important Provisions to Consider
  • Extent of the Representation
  • Ethical Obligations and Consents
  • Conflict Resolution and Communication
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on January 23, 2024.

Call 1-866-352-9540 for further credit information.

  • AK CLE 0.75 including Ethics 0.75
     
  • Alaska attorneys may receive 0.75 hours of continuing legal education, including 0.75 hour(s) of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.0 including Ethics 1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours' credit, including 1.0 hour of ethics credit.
     
  • Arizona CLE 0.75 including Ethics 0.75
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 0.75 hours toward your annual CLE requirement for the State Bar of Arizona, including 0.75 hours of professional responsibility.
     
  • CT CLE 0.5 including Ethics 0.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 0.5 CLE credit(s) including 0.50 hour(s) of ethics credit.
     
  • ND CLE 1.0 including Ethics 1
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit, including 1.00 hours of ethics credit.
     
  • NH MCLE 0.9 including Ethics 0.9
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 56 minutes of ethics credit.
     
  • RI CLE 1.0 including Ethics 1
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit, including 1.00 hour of ethics credit.
     
  • TN CLE 0.93 including Dual 0.93
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 0.93 hours of credit, including 0.93 hours of dual credit.
     
  • VA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours, including 1.00 hour of ethics credit.
     
  • WA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit, including 1.00 hours of ethics credit.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.1 including Ethics 1.1
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.1 MCLE hours, including 1.1 hours of ethics credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.0 including Ethics 1
     
  • Arizona CLE 1.0 including Ethics 1
     
  • CA MCLE 1.0 including Ethics 1
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • MO CLE 1.3
     
  • NJ CLE 1.3 including Ethics 1.3
     
  • NM CLE 1.0 including Ethics 1
     
  • NY CLE 1.0 including Ethics and Professionalism 1
     
  • VT CLE 1.0 including Ethics 1
     
  • WV MCLE 1.3 including Ethics 1.3
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

David L. Cook

Phillips Lytle LLP

  • Partner at Phillips Lytle LLP specializing in environmental law and litigation
  • Emphasizes commercial, real estate, and agribusiness matters
  • Expertise in federal and New York State environmental laws, compliance, and regulatory proposals
  • Accomplished litigator handling diverse cases, including shareholder disputes and environmental enforcement actions
  • Conducts seminars and workshops on environmental law topics
  • Author of publications related to environmental law
  • Admitted to practice in New York and various federal courts, including the U.S. Court of Appeals, Second Circuit
  • Honors & Awards: Chambers USA (2021-2023), Best Lawyers in America® (Litigation – Environmental Lawyer of the Year in Rochester, 2022), Upstate New York Super Lawyers® List (2007-2009, 2011-2023), AV Preeminent rating by Martindale-Hubbell
  • Judicially Appointed Mediator – United States District Court for the Western District of New York and the Western District of Ohio
  • Community Activities: Director of Farmworker Legal Services of New York, President of Monroe County Legal Assistance Corporation, Director at Greater Rochester Community of Churches, President of Habitat for Humanity, and others
  • Professional Associations: Member of American Agricultural Law Association, American Bar Association (SEER and Litigation Section), Monroe County Bar Association (Litigation Section), New York State Bar Association (Commercial & Federal Litigation Section, Environmental & Energy Law Section), and others
  • J.D. degree, J. Reuben Clark Law School at Brigham Young University; M.P.A. degree, Brigham Young University; B.A. degree, cum laude, Weber State University
  • Can be contacted at [email protected] or 585-238-2012
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 410422
Published 2024
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