Broadcast Date: Wednesday, April 28, 2021
from 3:00 pm to 4:30 pm (ET)

Overview:

The spread of the coronavirus has massively disrupted the way lawyers fulfill their obligations to their clients. From work-from-home set-up to virtual proceedings, lawyers had to adjust to the new means of working.

However, pandemic or not, one thing does not change – lawyers’ ethical duties. Regardless of whether who is ill or which courthouse is closed, lawyers’ ethical obligation to put their client’s interest first remains. A plethora of issues creates an ethical minefield for lawyers who, therefore, need to put a straightforward plan in place to ensure that they and their clients are protected.

In this webcast, lawyers and other legal industry professionals will learn how to meet their ethical duties during a pandemic and beyond. The speakers will cover the applicable rules of conduct, state regulations, and effective compliance strategies.

Key topics include:

  • Ethical Dilemmas Arising from COVID-19
  • Lessons Learned
  • Considerations to Take in Various Areas of Ethics:
    • Communication
    • Diligence
    • Competence
    • Confidentiality
    • Supervision
    • Payment (Accepting Advances and Payments via Online Apps)
  • Risk Mitigation Strategies
  • Meeting Your Ethical Obligations – Best Practices During a Pandemic/Crisis

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

None

 

Course Code:

149319

 

NY Category of CLE Credit:

Ethics and Professionalism

 

Total Credits:

1.5 CLE

Speaker Panel:

D. Culver “Skip” Smith III, Shareholder
Culver Smith III, P.A.

D. Culver “Skip” Smith III counsels and represents lawyers, law firms, and others on ethics, professional responsibility, professional disciplinary proceedings, disqualification and sanctions motions, malpractice, and loss prevention. He also serves as an expert witness in litigation involving such matters. In addition, he counsels and represents applicants for admission to the bar. He provides more than forty years of experience in the field. Mr. Smith is a past president of the Palm Beach County Bar Association and served two terms on The Florida Bar Board of Governors. He is a member of The Florida Bar Professional Ethics Committee (which issues advisory ethics opinions) and twice served as its chairperson. He has written and lectured extensively on lawyer ethics and professional responsibility.

Paige Tungate, Attorney
Downey Law Group LLC

Paige Tungate is an attorney licensed in Missouri and Illinois, and practices in legal ethics and lawyer discipline defense. Since joining Downey Law Group in May 2017, Paige has worked on a wide range of legal and professional ethics matters.

Mikhail Reider-Gordon, LL.M., Managing Director, Institutional Ethics & Integrity
Affiliated Monitors Inc.

Professor Mikhail Reider-Gordon, LL.M., is Managing Director of Institutional Ethics & Integrity at Affiliated Monitors, Inc. She serves as an independent integrity monitor on a wide-range of matters to corporate and public entities under court-order and regulatory settlement agreements. Ms. Gordon’s practice areas of expertise include anti-corruption; anti-money laundering; technology and privacy compliance; ethics and accountability; the public sector and international law. Prof. Gordon began her professional career at the RAND Corporation and then moved to government, prior to returning to the private sector.
Since 2015, she has been on faculty at the International Anti-Corruption Academy in Austria.
Ms. Gordon holds several leadership positions with the American Bar Association.  She is a Council member and the Operations Officer for the International Law Section. She previously served as the Section’s Technology Officer and Rule of Law Officer. She is a Senior Advisor to the International Anti-Corruption Committee which she formerly Co-Chaired.  She is also Senior Advisor to the National Security Committee and is past Chair of the Section’s Anti-Money Laundering Committee; She co-chaired the Working Group on Beneficial Ownership Transparency.  She also serves as Vice-Chair of the Artificial Intelligence and Robotics Committee within the ABA’s Science & Technology Law Section. She served as the Chair of the greater ABA’s Task Force on Gatekeeper Regulation and the Profession; and served on the ABA’s Standing Committee on Technology and Information Systems.

Agenda:

SEGMENT 1:

Paige Tungate, Attorney

Downey Law Group LLC

Ethical Considerations When Working Remotely

  • Unauthorized Practice of Law
    • Physically working from a state where the lawyer is not licensed
    • Model Rule 5.5
  • Duty to Supervise
    • Staff/non-lawyers filing pleadings/giving legal advice without lawyer involvement
    • Model Rule 5.3
  • Conflicts of Interest
    • Lawyers of firm are working separately from each other, and not checking conflicts with each other.
    • Model Rule 1.7
    • Model Rule 1.10
  • Competent and Diligent Representation
    • Lawyer has trouble concentrating while working from home and lackadaisically throws together documents for client and hopes client signs
    • Model Rule 1.1
    • Model Rule 1.3
    • Other considerations:
  • Communication with client – 1.4
    • What happens if lawyer gets sick with COVID and cannot work for a period of time?
    • What happens if the client gets sick?

SEGMENT 2:

D. Culver “Skip” Smith III, Shareholder

Culver Smith III, P.A.

Accepting Advances and Payments via Online Apps

  • Requiem for checks—proliferation of web-based payment applications
  • Some designed for lawyers, others not
  • Operate in different ways
  • Issues for lawyers: confidentiality and safeguarding entrusted funds
  • Ethics opinions to date (WA, SC, NC)
  • Confidentiality:
  • The issue—risk of disclosure of confidential info.
  • The solution
  • Safeguarding entrusted funds:
  • The issue: online payment-service accounts noncompliant with trust-account rules
  • The solution

SEGMENT 3:

Mikhail Reider-Gordon, LL.M.,  Managing Director, Institutional Ethics & Integrity

Affiliated Monitors Inc.

  • Use of technology when working remotely
  • Duties to maintain requisite knowledge, skills and risks associated with relevant technologies
  • ABA Model Rules: Technologically enabled law practice
  • Ransomware, hacks and privilege for law firms
  • Privacy laws: Privileged, Confidential and PII data
  • Emerging risks to law firms and practice

Date & Time:

Wednesday, April 28, 2021

3:00 pm to 4:30 pm (ET)

Who Should Attend:

  • Lawyers
  • Legal Assistants
  • Paralegals
  • Law Clerks
  • Law Office Managers
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CLE: 1.0 Credit | Broadcast Date: Wednesday, October 14, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording

$69.00
Workplace Wellness: Managing Stress & Anxiety for Peak Performance in Uncertain Times

CLE: 1.0 Credit | Broadcast Date: Wednesday, March 5, 2025, from 3:00 PM to 4:00 PM (ET) | Price Includes Recording

$49.00
A Practical Guide in Litigation Finance: Practical Tips and Strategies

CLE: 1.0 Credit | Broadcast Date: Monday, November 09, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording

$69.00
Litigation Funding: Maximizing Potentials While Mitigating Risks

CLE: 1.0 Credit |  Broadcast Date: Monday, August 10, 2020 from 1:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording

$69.00
National Developments in Trade Secret Misappropriation: Trends in DTSA Litigation Post Enactment and Approaches to Damages and Best Practices

CLE: 1.0 |  Broadcast Date: Tuesday, August 18, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording

$69.00
The US Federal Reserve’s Main Street Lending Program: Demystifying the Good, the Bad, and the Ugly

CLE: 1.0 Credit |  Broadcast Date: Monday, November 23, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording

$69.00
The 2021 Proxy Season: Key Considerations to Avoid Pitfalls

CLE: 1.0 Credit |  Broadcast Date: Tuesday, November 17, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording

$69.00
How to Manage and Resolve Complex Commercial Disputes: A Practical Guide

CLE: 2.0 Credits | CPE: 2.0 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Thursday, August 20, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording

 

$69.00
FINRA Arbitrations: A Comprehensive Guide for 2020 and Beyond

CLE:  2.0 Credits | Broadcast Date: Thursday, August 06, 2020 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording

$69.00
Ransomware Prevention and Crackdown: Long-Term Solution and Defense Tactics

CLE: 1.0 Credit |  Broadcast Date: Friday, November 13, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording

$69.00
Food and Drug Regulatory Trends and Developments: Navigating Implications for the Year Ahead

CLE: 1.0 Credit | Broadcast Date: Wednesday, August 05, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording

$69.00
Detecting and Preventing Identity Fraud with Machine Learning: Managing Potentials and Perils

CLE: 1.5 Credits | Broadcast Date: Wednesday, September 30, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording

$69.00
The Hatch-Waxman and IPR Strategy in Light of Recent Case Decisions: Addressing Emerging Issues

CLE: 1.5 Credits | Broadcast Date: Wednesday, August 05, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording

$69.00
Synthetic Identity Fraud Detection and Prevention: Best Practices for Companies

CLE: 2.0 Credits | CPE: 2.0 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Thursday, September 17, 2020 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording

$69.00
A Comprehensive Guide on Toxic Tort Litigation: Trends and Best Practices Explored

CLE: 1.5 Credits | Broadcast Date: Monday, June 7, 2021 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording

$69.00
The Evolving Landscape of the CCPA and COPPA: What You Should Know and Do

CLE:  1.0 Credit | Broadcast Date: Thursday, September 24, 2020 from 3:00 pm to 4:00 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
Trends and Developments on Independent Contractors Classification: A Practical Guide

CLE: 1.5 Credits |  Broadcast Date: Wednesday, December 02, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording

$69.00
Trade Secret Protection for AI: A Comprehensive Guide

CLE: 1.5 Credits | CPE: 1.5 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Monday, December 14, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording

$69.00
A Comprehensive Guide on Pre-Trial and Evidentiary Hearings: Preparation Strategies You Need to Know

CLE: 1.5 Credits | Broadcast Date: Monday, September 21, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording

$69.00
False Claims Act: A Look Back and 2021 Expectations

CLE: 1.0 Credit | Broadcast Date: Thursday, December 03, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording

$69.00
Business Interruption Insurance: Lessons Learned from the Pandemic

CLE: 1.5 Credits | CPE:  1.5 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Thursday, September 03, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording

$69.00
Demystifying the Current Landscape of Securities Litigation: Practical Tips and Strategies You Must Know

CLE: 1.5 Credits | Broadcast Date: Wednesday, November 04, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording

$69.00
Supply Chain Risks in the Face of COVID-19: Awareness and Mitigation Strategies

CLE:  1.0 Credit | Broadcast Date: Wednesday, September 02, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording

$69.00
AML/CTF: Trends, Developments and Enforcement Actions to Guide Companies in 2021

CLE: 1.0 Credit | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Monday, December 14, 2020 from 4:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording

$69.00
COVID-19: Immediate Issues Facing Employers

CLE: 1.5 Credits | Broadcast Date: Wednesday, April 29, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording

$69.00
Data Breach Litigation in the 2020 Landscape: Practical Tips and Strategies to Avoid the Pitfalls

CLE: 1.5 Credits | Broadcast Date:  Wednesday, January 15, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording

$69.00
Effective Witness Preparation Techniques: A Comprehensive Guide

CLE: 1.5 Credits | Broadcast Date: Wednesday, April 08, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording

$69.00
ERISA Litigation: Navigating Through Complexities

CLE: 1.5 Credits | Broadcast Date:  Tuesday, June 30, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording

$69.00
Inter Partes Reviews & Post Grant Proceedings: Winning Strategies in the 2020 Battlefield

CLE: 1.5 Credits | Broadcast Date:  Thursday, June 25, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording

$69.00
Patent Protection for Pharma and Biotechnology in 2020

CLE: 1.5 Credits | Broadcast Date: Thursday, April 23, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording

$69.00
Responding to and Dealing with SEC Investigations: A Comprehensive Guide

CLE: 1.5 Credits | Broadcast Date: Tuesday, June 09, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording

$69.00
The DOJ’s “No-Poach” Agreements: Navigating Implications to the Year Ahead and Beyond

CLE: 1.5 Credits | Broadcast Date:  Tuesday, May 26, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording

$69.00
Trends and Developments in the Defend Trade Secrets Act in 2020: What You Must Know and Do

CLE: 2.0 Credits | Broadcast Date: Monday, April 27, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording

$69.00
Trends and Updates in ERISA: Critical Issues and Best Practices in Light of Recent Cases

CLE: 1.0 Credit | Broadcast Date: Tuesday, April 07, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording

$69.00
Trends and Developments in Trade Secrets: What Companies Must Know and Do

CLE: 2.0 Credits | Broadcast Date: Thursday, December 10, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording

$69.00
Non-Jury Trials: Best Litigation Practices Explored

CLE: 1.0 Credit | Broadcast Date: Thursday, July 30, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording

$69.00
EAR, ITAR, and OFAC Regulations: Fundamentals, Trends and Compliance Issues in 2019

CLE: 1.5 Credits | Broadcast Date: Wednesday, May 22, 2019 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording

$69.00
US Tariffs, Trade Wars, and Sanctions: Trends and Developments to Watch Out For

CLE: 1.0 Credit | Broadcast Date: Thursday, July 09, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording

$69.00
New IRS Regulations on Qualified Opportunity Zones: What You Must Know and Do

CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Wednesday, October 28, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes 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
Mental Health and Substance Use Issues Management: Practical Tips and Strategies for Lawyers

CLE: 1.0 Credit | Broadcast Date: Friday, October 15, 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
Representation and Warranty Insurance: Exploring Trends, Updates, and Challenges Amidst the COVID-19 Pandemic

CLE: 1.0 Credit | Broadcast Date:  Monday, November 30, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording

$69.00
The Complex World of Opportunity Zones: Meeting Reporting Requirements and Keeping Penalties at Bay

CLE: 2.0 Credits | Broadcast Date: Tuesday, November 10, 2020 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording

$99.00
Software Patents Post-Alice: Where Are We Now

CLE: 2.0 Credits | Broadcast Date: Wednesday, November 18, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording

$0.00
The Intersection of Artificial Intelligence and Intellectual Property: Hot Buttons in 2020

CLE: 2.0 Credits | Broadcast Date: Thursday, July 23, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording

$69.00
Anti-Money Laundering Due Diligence and Compliance in the 2020 Landscape: Going Beyond the Horizon

CLE: 1.0 Credit | Broadcast Date: Thursday, June 25, 2020 from 4:00 pm to 5:00 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

D. Culver “Skip” Smith IIIShareholder
Culver Smith III, P.A.
Paige TungateAttorney
Downey Law Group LLC
Mikhail Reider-Gordon, LL.M.Managing Director, Institutional Ethics & Integrity
Affiliated Monitors Inc.

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