Broadcast Date: Thursday, June 10, 2021
from 3:00 pm to 4:00 pm (ET)
Overview:
It has been a common practice for lawyers to act as local counsel in lawsuits. Local counsel are typically relied on by out-of-state attorneys when it comes to complying with local rules, reviewing pleadings, and moving for the pro hac vice admission of lead counsel. While acting as local counsel can be beneficial to clients and counsel alike, if not properly guided, various ethical issues may arise.
Thus, it is of utmost importance for lawyers to properly navigate the governing ethical rules and regulations before acting as local counsel in order to mitigate exposure to unanticipated obligations or risks.
In this LIVE Webcast, litigation attorneys William E. Gericke (Cozen O’Connor) and Christopher R. Heredia (Holland & Knight LLP) will provide an informative discussion of the key ethical considerations which lawyers should keep in mind when acting as local counsel. Speakers will also share real-world cases to illustrate helpful tips and best practices on how lawyers can manage potential ethical issues.
Some of the major topics that will be covered in this course are:
- Lawyers Acting as Local Counsel
- Trends, Issues, and Common Missteps
- Ethical Considerations
- Real-World Cases
- Practical Tips and Best Practices
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
None
Course Code:
149364
NY Category of CLE Credit:
Ethics and Professionalism
Total Credit:
1.0 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
William E. Gericke, Member
Cozen O'Connor
Bill Gericke is a veteran trial lawyer. His practice focuses on representing lawyers and law firms in federal and state courts and disciplinary agencies in actions for civil liability, in professional ethics and responsibility matters, and in risk management. Bill also served as the first conflicts counsel to the firm. In that role, he analyzed new business to identify potential conflicts and facilitated their resolution in accordance with the rules of professional conduct. Before joining the Legal Profession Services group, Bill prosecuted complex fire, construction defect, product liability, and water damage cases. Bill’s extensive experience as a trial lawyer combined with his concentration in the law governing the liabilities and responsibilities of lawyers enables him to both counsel and protect his lawyer and law firm clients in the challenging environment of legal practice.
Christopher R. Heredia, Attorney
Holland & Knight LLP
Christopher Heredia is a litigation attorney in Holland & Knight’s Chicago office, where he focuses his practice in legal ethics and risk management for lawyers and law firms, as well as commercial litigation. As a member of the firm’s Legal Profession Team, Mr. Heredia advises and represents lawyers, law firms and in-house counsel on all aspects of professional responsibility matters, including firm organization, dissolution, disqualification, lawyer mobility, regulatory compliance, and bar disciplinary defense at the state and federal levels, including before the Office of Enrollment and Discipline of the U.S. Patent and Trademark Office. Mr. Heredia also represents students and other professionals before regulatory authorities in licensing, admissions, and character and fitness matters.
In the community, Mr. Heredia is active in local and national bar associations, and frequently presents to law schools, legal organizations and media outlets on professional responsibility matters. As a faculty member of the National Institute for Trial Advocacy (NITA), he teaches lawyers successful deposition techniques during NITA’s annual deposition skills training program. As an adjunct professor at Chicago-Kent College of Law, Mr. Heredia also previously taught Ethics and Advocacy, a course which combined elements of professional responsibility with trial advocacy.
Prior to joining Holland & Knight, Mr. Heredia served as Litigation Counsel for the Illinois Attorney Registration and Disciplinary Commission (ARDC), where he investigated hundreds of charges of attorney misconduct, and litigated formal proceedings before the Commission’s Hearing Board and Illinois Supreme Court. His tenure with the ARDC allowed Mr. Heredia to become intimately familiar with the law governing lawyers and professional responsibility matters. Mr. Heredia also worked as a criminal prosecutor for the Cook County State’s Attorney’s Office, where he gained extensive litigation experience prosecuting complex fraud, theft, and vehicle-related felonies.
Agenda:
SEGMENT 1:
William E. Gericke, Member
Cozen O'Connor
Introduction: Many litigators have either retained or served as local counsel in state or federal courts. Litigators with national practices may work with local counsel more often than not. There are important details you should know beforehand so you don’t subject yourself to obligations and risks you never anticipated or intended to assume.
Topics Addressed
- There is No “Local Counsel” Exception to the Rules of Professional Conduct. The ABA’s Model Rules of Professional Conduct, as well as each state’s version of the Model Rules do not make a distinction between “lead counsel” and “local counsel” when it comes to the duties arising from the attorney-client relationship. Many lawyers are unaware that their ethical obligations to the client remain the same when they act as local counsel, even if they have no direct contact with the client.
- Rule 1.2(c) of the Rules of Professional Conduct and the Use of Limited Scope Engagement Letters. Attorneys who wish to define their role as local counsel should do so through an agreement to limit the scope of representation pursuant to Rule 1.2(c) of the Rules of Professional Conduct. Although a limited scope agreement does not absolve attorneys from complying with their ethical duties, it will narrow the universe within which those ethical obligations apply by limiting the attorney’s role in the matter and specifying the tasks they are expected to perform.
- Client Must Give “Informed Consent” to Limited Scope Representations. Rule 1.2(c) requires that the client give “informed consent” to the limited scope representation. In addition, any limitation on the scope of representation must be “reasonable under the circumstances.”
- Local Counsel’s Obligations to the Court Cannot Be Limited By Agreement. Local counsel must comply with any relevant court rules governing the responsibilities of counsel, including any individual judge’s rules. Local counsel’s responsibilities pursuant to the relevant court and judges’ rules cannot be limited by agreement.
- Withdrawing From the Case May Be Local Counsel’s Only Recourse. If lead counsel has repeatedly shown a lack of attention to the case, or the adversary has filed numerous motions to compel and is on the verge of filing a motion for sanctions, or worse, due to lead counsel’s discovery violations, local counsel should seriously consider withdrawing from the case.
Conclusion: While acting as local counsel can be beneficial, serving in this capacity is not without risk. If you intend to limit your role to certain tasks, or a certain phase of the matter, you had better lay that out clearly at the beginning of the representation and secure the client’s consent in writing.
SEGMENT 2:
Christopher R. Heredia, Attorney
Holland & Knight LLP
Acting as Local Counsel: The Rules and Common Scenarios
- Acting as Local Counsel: The Rules
- Affirmative Duties
- Conflicts of Interest
- Limiting Scope
- Payment for Legal Services
- Local Counsel Involvement with ABS
- Acting as Local Counsel: Best Practice Tips
- Acting as Local Counsel: Practice Tips
- Acting as Local Counsel: The Rules
Date & Time:
Thursday, June 10, 2021
3:00 pm to 4:00 pm (ET)
Who Should Attend:
- Lawyers
- Legal Assistants
- Paralegals
- Law Office Managers
| Image | Name | Summary | Price | Buy |
|---|---|---|---|---|
 | Antitrust 'No-Poach' Agreement Enforcement: Key Focus Areas in 2024 | CLE: 1.5 Credits | Broadcast Date: Check back for updates or Click Here and get notified of the new date | Price Includes CLE & Recording | $69.00 | |
 | Antitrust & IP Landscape: Navigating the Challenges of AI & Algorithm | CLE: 1.0 | Broadcast Date: Monday, December 9, 2024 from 12:00 PM to 1:00 PM (ET) | Price Includes CLE & Recording | $69.00 | |
 | Asbestos Litigation: Demystifying Trends, Developments, and Defense Strategies | CLE: 1.0 Credit | Broadcast Date: Thursday, May 26, 2022, from 12:00 PM to 1:00 PM ET | Price Includes CLE & Recording | $69.00 | |
| Asbestos Litigation: What's Changing in 2024 and Beyond | CLE: 1.5 Credit | Broadcast Date: Tuesday, July 9, 2024, from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Breaking Ground: Mastering Patent Eligibility in the Realm of ML, AI, and Software Innovations | CLE: 1.0 Credit | Broadcast Date: Monday, July 29, 2024, from 3:00 pm to 4:00 pm ET | Price Includes CLE & Recording | $69.00 | |
 | Cannabis Unleashed: Unveiling Legal and Business Fundamentals | CLE: 1.0 | Broadcast Date: Tuesday, June 4, 2024, from 12:00 PM to 1:00 PM (ET) | Price Includes CLE & Recording | $69.00 | |
| Cartel Investigations: A Blueprint for Defense | CLE: 1.5 Credits | Broadcast Date: Tuesday, May 21, 2024, from 12:00 PM to 1:30 PM ET | Price Includes CLE & Recording | $69.00 | |
 | Class Action Litigation: A Comprehensive Guide to Recent Developments and Best Practices | CLE: 1.5 Credits | Broadcast Date: Thursday, August 8, 2024, from 12:00 PM to 1:30 PM (ET) | Price Includes CLE & Recording | $69.00 | |
| CLE Processing | Online Payment for CLE Processing | $35.00 – $150.00 | |
 | Cybersecurity Management: Best Practices in a Remote Environment | CLE: 1.5 Credits | CPE: 1.5 Credits (Not eligible for QAS (On-demand) CPE credit) | Broadcast Date: Thursday, April 22, 2021 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Demystifying Economic Sanctions: Strategies for Success in a Global Economy | CLE: 1.0 Credit | Broadcast Date: Tuesday, May 14, 2024, from 12:00 pm to 1:00 pm ET | Price Includes CLE & Recording | $69.00 | |
 | Demystifying Recent Trends in PFAS Litigation: Product Liability and Beyond | CLE: 1.0 Credit | Broadcast Date: Wednesday, September 11, 2024, from 12:00 PM to 1:00 PM (ET) | Price Includes Recording | $69.00 | |
 | Executive Compensation: Hot Topics and Emerging Trends | CLE: 1.0 Credits| Broadcast Date: Monday, November 18, 2024, from 12:00 PM to 1:00 PM (ET) | Price Includes Recording | $69.00 | |
 | Hatch-Waxman Case-Law Developments and New Jersey Practice Insights | CLE: 1.0 Credit | Broadcast Date: Wednesday, October 23, 2024, from 12:00 PM to 1:00 PM (ET) | Price Includes CLE & Recording | $69.00 | |
 | Mastering the Art of Demonstrating and Recouping Lost Profit Damages: A Hands-On Guide | CLE: 1.0 Credit | Broadcast Date: Tuesday, November 12, 2024. from 12:00 PM to 1:00 PM (ET) | Price Includes CLE & Recording | $69.00 | |
 | Maximizing Your Innovation ROI: R&D Tax Credits in 2024 and Beyond | CLE: 1.0 CLE | 1.0 CPE (Not eligible for QAS (On-demand) CPE credit) | Broadcast Date: Thursday, March 28, 2024, from 12:00 PM to 1:00 PM ET | Price Includes CLE & Recording | $69.00 | |
| Navigating Challenges in Patent Damages Analysis: Key Considerations for Litigants and Counsel | CLE: 1.0 Credit | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credit) | Broadcast Date: Wednesday, December 13, 2023, from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Navigating Double Patenting in the USPTO Era of Rulemaking | CLE: 1.5 Credits | Broadcast Date: Tuesday, February 25, 2025, from 12:00 PM to 1:30 (ET) | Price Includes CLE Credits & Recording | $69.00 | |
 | Navigating Insurance Claims: Tips for Policyholders and Best Practices for Adjusters | CLE: 1.0 Credits | Broadcast Date: Thursday, May 9, 2024, from 12:00 PM to 1:00 PM ET | Price Includes CLE & Recording | $69.00 | |
 | Navigating the Evolving Patent Damages Landscape: Key Insights and Best Practices | CLE: 1.0 Credits | Broadcast Date: Thursday, June 27, 2024, from 12:00 PM to 1:00 PM (ET) | Price Includes CLE & Recording | $69.00 | |
 | Navigating the FTC's Final Rule on Noncompete Agreements: Critical Insights for Employers | CLE: 1.5 Credits| Broadcast Date: Wednesday, September 4, 2024, from 12:00 PM to 1:30 PM (ET) | Price Includes CLE Credits & Recording | $69.00 | |
 | New York Online CLE Bundle 2023 | This bundle allows you to complete 24 New York CLE credits. These courses are all on-demand and can be completed at your convenience.
| $199.00 | |
 | Preventing Ransomware Attacks: A Practical Guide to Enhancing IT Security and Resiliency | CLE: 1.5 Credits | Broadcast Date: Monday, September 13, 2021 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Speaker Preferred Package (Online Payment) | Speaker Preferred Package (for Credit Payment processing) | $599.00 – $799.00 | |
| Sponsorship | Online Payment for Sponsorship | $5,500.00 – $15,000.00 | |
| Supercharging Privilege Review With AI, Analytics, and Automation | CLE: 1.0 Credit| Broadcast Date: Friday, February 25, 2022 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | The Future of Insurance Claims: Using Generative AI to Combat Bad Faith | CLE: 1.5 Credits| Broadcast Date: Wednesday, December 18, 2024, from 12:00 PM to 1:30 PM (ET) | Price Includes CLE Credits & Recording | $69.00 | |
 | The Hows and Whys of Child Abuse Reporting: A Comprehensive Ethical Guide for Lawyers | CLE: 2.0 Credits | Broadcast Date: Wednesday, June 29, 2022 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The SEC’s New Pay Versus Performance Rule: 2024 Guidance for Companies and Investors | CLE: 1.0 | Broadcast Date: Wednesday, November 6, 2024, from 12:00 pm to 1:00 pm ET | Price Includes CLE & Recording | $69.00 | |
 | Trade Secrets, and What You Need to Know to Protect Them | CPE: 2.0 Credits | Broadcast Date: Thursday, December 5, 2024, from 12:00 PM to 2:00 PM (ET) | Price Includes CLE Credits & Recording | $69.00 | |
 | Trade Secrets: The New Frontier of Intellectual Property | CLE: 2.0 |CPE: 2.0 (Not eligible for QAS (On-demand) CPE credit) | Broadcast Date: Thursday, April 11, 2024, from 12:00 PM to 2:00 PM ET | Price Includes CLE & Recording | $69.00 | |
 | Understanding R&D Tax Credits and Amortization: Navigating Changes and Maximizing Benefits | CLE: 1.5 Credits | CPE: 1.5 Credits (Not eligible for QAS (On-demand) CPE credit) | Broadcast Date: Wednesday, August 30, 2023 from 12:00 PM to 1:30 PM (ET) | Price Includes CLE & Recording | $69.00 | |
| Unlocking Innovation: Navigating Patentability for ML, AI, and Software Inventions | CLE: 1.5 Credits | Broadcast Date: Monday, March 25, 2024, from 12:00 PM to 1:30 PM ET | Price Includes CLE & Recording | $69.00 | |
 | Winning Patent Litigation: Essential Strategies and Tactics | CLE: 1.0 Credit | Broadcast Date: Wednesday, April 25, 2024 from 12:00 PM to 1:00 PM ET | Price Includes CLE & Recording | $69.00 | |
 | Practical Trademark Perspectives from U.S. and Canadian Counsel | CLE: 1.5 Credits | Broadcast Date: Tuesday, September 28, 2021 from 3:00 to 4:30 PM ET | Price Includes CLE & Recording | $69.00 | |
 | Effectively Manage KYC Compliance: Keep Up with the Times by Getting Back to Basics | CLE: 1.0 Credit | Broadcast Date: Wednesday, August 11, 2021 from 3:00 PM to 4:00 PM ET | Price Includes CLE & Recording | $69.00 | |
 | OFAC Regulations and the Economic Sanctions Compliance Programs: Best Practices | CLE: 1.0 | Broadcast Date: Thursday, September 29, 2022 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | 'Zombie' LIBOR for USD Contracts: Navigating the Critical Issues | CLE: 1.0 Credit | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Wednesday, May 12, 2021 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Calculating Lost Profits in Construction Claims: A Practical Guide | CLE: 1.0 Credit | CPE : 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Monday, January 25, 2021 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | False Claims Act and COVID-19 Implications: Key Considerations and Best Practices | CLE: 1.0 Credit | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Wednesday, February 24, 2021 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 |
SPEAKERS
Join Over 160,000 Professionals Empowering Their Careers
Learn anywhere from over 3000+ live and recorded CLE, CPE & Technology Webcasts.
