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Ethics of Water Law for Practitioners

Understand the challenges associated with representing multiple clients in the water law field, as well as the unique concerns.

It is a bedrock principle in the legal profession that an attorney owes each client duties of loyalty and of confidentiality. Representation of two or more clients in the same legal matter carries a host of potential conflicts in both an ethical and practical sense. In the realm of water rights, multiple clients often have interests in the same matter, making the identification of potential conflicts a complex analysis. This presentation will describe the challenges associated with representing multiple clients in the water law field, as well as the unique concerns when representing multiple public agencies or a combination of public and private clients. The program also provides real-life examples that illustrate the importance of carefully addressing joint representations and potential conflicts to navigate the surrounding ethical complexities. Lastly, the presentation will explain when waivers may be necessary, and how they are formed and executed. Failure to implement adequate precautionary measures can lead to adverse consequences for clients, disqualification, and even disciplinary action for attorneys. This workshop is useful for understanding the pitfalls in representing multiple clients and how to avoid them.

60 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 38 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

Overview

  • Who Is the Client
  • Considerations for Joint Representation
  • Identifying Conflicts Concerning Water Rights

Source Law

  • Rules of Professional Conduct/Responsibility
  • Attorney Client Privilege and the Common Interest Doctrine
  • Unique Considerations in Water Law

Case Studies

  • Waiver Process
  • Large Multi-Party Representations
  • Groundwater Basin Adjudications

Conclusion

  • Crafting a Conflict Waiver
  • Best Practices
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Why Lorman?

Over 38 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, 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 October 20, 2025.

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

  • AK CLE 1.0 including Ethics 1
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education, including 1.00 hours 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.
     
  • AR CLE 1.0 including Ethics 1
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board, including 1.00 hour of ethics credit.
     
  • Arizona CLE 1.0 including Ethics 1
     
  • 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 1.0 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hour of professional responsibility.
     
  • CA MCLE 1.0 including Ethics 1
     
  • Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit, of which includes 1.00 hour of ethics credit.
     
  • CT CLE 1.0 including Ethics 1
     
  • 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: 1.0 CLE credit(s) including 1.00 hour(s) of ethics credit.
     
  • GA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours, including 1.0 ethics hour.
     
  • HI CLE 1.0 including Ethics 1
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours including 1.00 ethics hour.
     
  • IL CLE 1.0 including Legal Ethics 1
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board. Of that total, credit was approved as Professional Responsibility credit by the Illinois Commission on Professionalism.
     
  • IN CLE 1.0 including Ethics 1
     
  • This program has been approved by the Indiana Commission for Continuing Legal Education. Participating attorneys are eligible to receive up to 1.0 hours of Distance Education CLE credit which includes 1.0 hour(s) of ethics.
     
  • 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 0.00 hour of ethics credit.
     
  • NH MCLE 1.0 including Ethics 1
     
  • 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 59 minutes of ethics credit.
     
  • NJ CLE 1.1 including Ethics 1.1
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.1 hours of total CLE credit. Of these, 1.1 qualify as hours of credit for ethics/professional responsibility.
     
  • NM CLE 1.0 including Ethics 1
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit, including 1.0 hour of ethics credit.
     
  • NV CLE 1.0 including Ethics 1
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours, including 1.00 hour of ethics credit.
     
  • NY CLE 1.0 including Ethics and Professionalism 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Ethics and Professionalism for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.0 including Professional Conduct 1
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours, including Professional Conduct for 1.00 hour. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • PA CLE 1.0 including Ethics 1
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hour including 1.00 hour of ethics, professionalism or substance abuse CLE credit.
     
  • TN CLE 1.0 including Dual 1
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.0 hours of credit, including 1.00 hour of dual credit.
     
  • VT CLE 1.0 including Ethics 1
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit including 1.00 hour(s) of ethics credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.2 including Ethics 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours, including 1.2 hour of ethics credit.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE 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.

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
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0 including Ethics 1
     
  • MO CLE 1.3
     
  • NM CLE 1.0 including Ethics 1
     
  • VT CLE 1.0 including Ethics 1
     
  • WV MCLE 1.3 including Ethics 1.3
     
  • WY CLE 1.0
     
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 38 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

Nicolas Chapman

Nicolas Chapman

Downey Brand LLP

Nico Chapman

  • Senior Associate in the Water Practice Group at Downey Brand LLP in Sacramento, California.
  • Represents private and public clients in complex environmental litigation before federal and state courts, as well as in administrative proceedings before the State Water Resources Control Board
  • Assists public agencies and private clients in a variety of matters, including surface and groundwater rights concerns, environmental permitting, and project development and financing
  • Regularly advises on California surface and groundwater laws, the Endangered Species Act, the California Environmental Quality Act (CEQA), and Proposition 218 compliance
  • Serves as general counsel to various local agencies and advises on the Brown Act, Public Records Act, and laws governing public bidding, contracting, and elections
  • Published articles in the California Water Law & Policy Reporter
  • Honored as a rising star in environmental litigation in the 2025 Northern California Super Lawyers and Rising Stars
  • J. D. Degree from University of Pacific, McGeorge School of Law; undergraduate degree from the University of California at Davis
  • Can be contacted at [email protected] or 916-444-1000
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Why Lorman?

Over 38 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: 412284
Published 2025
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