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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 topic 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 material 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 topic 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 material is useful for understanding the pitfalls in representing multiple clients and how to avoid them.

Runtime: 90 minutes
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Why Lorman?

Over 34 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

Introduction

  • 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 34 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, 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 March 8, 2021.

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

  • AK CLE 1.5 including Ethics 1
     
  • Alaska attorneys may receive 1.5 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 1.5 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 1.5 hours' credit, including 1.0 hours of ethics credit.
     
  • AR CLE 1.5 including Ethics 1
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.00 hours of ethics credit.
     
  • Arizona CLE 1.5 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 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 1
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.00 hours of ethics credit.
     
  • CT CLE 1.5 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: 1.5 CLE credit(s) including 1.00 hour(s) of ethics credit.
     
  • HI CLE 1.5 including Ethics 1
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 1.00 ethics credit hours.
     
  • IL CLE 1.5 including Legal Ethics 1
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 1.00 hour.
     
  • ME CLE 1.5 including Ethics 1
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit including 1.00 ethics hours under M. Bar R. 12.
     
  • MN CLE 1.5 including Ethics 1
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.00 hours of ethics credit.
     
  • MS CLE 1.5 including Ethics 1
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours, including 1.0 hours of ethics credit.
     
  • ND CLE 1.5 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 1.5 hours of CLE credit, including 1.00 hours of ethics credit.
     
  • NH MCLE 1.5 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 CLE credit(s). Program Length: 90 minutes including 60 minutes of ethics.
     
  • NJ CLE 1.8 including Ethics 1.2
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professional responsibility.
     
  • NM CLE 1.5 including Ethics 1
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.0 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 1; Areas of Professional Practice 0.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.00 hour and Areas of Professional Practice for 0.50 hours. 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 Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5 including Ethics 1
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 1.00 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 1
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.00 hours of ethics credit.
     
  • TN CLE 1.5 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 1.5 hours of credit, including 1.00 hours of dual credit.
     
  • UT CLE 1.5 including Ethics 1
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.00 hours of ethics credit.
     
  • VT CLE 1.5 including Ethics 1
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit including 1.00 hour(s) of ethics credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5 including Ethics 1
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.00 hours of ethics credit.
     
  • WV MCLE 1.8 including Ethics 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.2 hours 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 1.5 including Ethics 1
     
  • Arizona CLE 1.5 including Ethics 1
     
  • CA MCLE 1.5 including Ethics 1
     
  • CT CLE 1.5 including Ethics 1
     
  • HI CLE 1.5 including Ethics 1
     
  • ME CLE 1.5 including Ethics 1
     
  • NJ CLE 1.8 including Ethics 1.2
     
  • NM CLE 1.5 including Ethics 1
     
  • NY CLE 1.5 including Ethics and Professionalism 1; Areas of Professional Practice 0.5
     
  • UT CLE 1.5 including Ethics 1
     
  • VT CLE 1.5 including Ethics 1
     
  • WA CLE 1.5 including Ethics 1
     
  • WV MCLE 1.8 including Ethics 1.2
     
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 34 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

Austin C. Cho

Austin C. Cho

Downey Brand LLP

  • Senior Associate in the Water Practice Group at Downey Brand LLP in Sacramento, California
  • 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 Proposition 218 compliance, the Sustainable Groundwater Management Act (SGMA), and the California Environmental Quality Act (CEQA)
  • 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
  • Has published articles in the California Water Law & Policy Reporter and the California Bar Environmental Section’s Environmental Law News
  • J.D. degree, University of California, Davis, School of Law; undergraduate degree, University of California, Santa Barbara
  • Can be contacted at 916-444-1000 or [email protected]
Meredith E. Nikkel

Meredith E. Nikkel

Downey Brand LLP

  • Partner in the Water Practice Group at Downey Brand LLP in Sacramento, California
  • Practice addresses complex legal issues with novel solutions at all levels from administrative proceedings before the California State Water Resources Control Board to state and federal trial and appellate courts
  • Has successfully defended public agencies in writ proceedings, settled multi-party groundwater disputes both informally and in court, and represented a broad group of water users in administrative and state court proceedings related to the California WaterFix project
  • In representing clients across California, regularly analyzes ethical issues related to representations of individuals, private entities and public entities as well as potential conflicts of interest and conclusion of representation
  • An editor of the California Water Law & Policy Reporter and was named one of the Sacramento Business Journal's Top 40 Under 40 in 2019
  • After graduating from University of California at Berkeley and Stanford Law School, Meredith was a law clerk to the Honorable Barry Silverman of the Ninth Circuit Court of Appeals
  • Can be contacted at 916-444-1000 or [email protected]
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Why Lorman?

Over 34 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: 405521
Published 2021
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