BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Ethics

Date & Time
  • event Date

    Thursday, November 11, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.

$197.00
CLE
ALL

This CLE course will guide attorneys regarding engagement agreements with their clients. These agreements can help avoid costly disputes down the line regarding the scope of representation, fees, conflicts of interests, and many other aspects of the attorney-client relationship. Familiarity with the ethics rules regarding such agreements is a must.

Faculty

A. Neil Hartzell
Partner
Freeman Mathis and Gary, LLP

Mr. Hartzell has extensive experience in a broad range of matters, representing both plaintiffs and defendants in complex civil litigation including commercial disputes, real estate, securities litigation and investigations, directors and officers, business torts, trade secrets, IP, insurance coverage, class actions, contract actions, aviation, and workplace and employment related matters.

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David Lefkowitz
Principal
The Lefkowitz Firm LLC, LLC

Mr. Lefkowitz represents individuals and companies (corporations, LLCs, PCs, etc.) in their claims for legal malpractice (legal negligence) and similar claims such as breach of fiduciary duty; trustee misconduct; executor misconduct and ethical misconduct by attorneys and other fiduciaries. He also represents attorneys and law firms with regard to risk management, law firm dissolutions and attorney’s fee disputes.

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Description

A meticulous attorney always advises clients to reduce oral agreements to writing. However, some attorneys do not heed this advice when it comes to memorializing the terms of client representation. Failure to secure a written engagement can create ambiguity and tension in the attorney-client relationship. The worst-case scenario is messy malpractice litigation. Despite the importance of such agreements, no one ethical rule contains simple guidelines for their drafting.

The engagement agreement should clearly state the financial terms of the representation: hourly, flat rate, contingency, or otherwise. The agreement should address when payment is due, the consequences of nonpayment, and the retainer and its application. Attorneys and firms must give special attention to matters relating to clients involved in any way in the cannabis business.

The engagement letter should specify the scope of representation, so it is clear to both parties what the client hired counsel to do, disclose any potential conflicts, and set the standards for future conflicts.

Listen as our authoritative panel reviews, in detail, the legal and ethical constraints regarding the terms of an engagement agreement to include discussions on client identification, scope, file retention, and more. Additionally, attendees will benefit from an analysis of using these agreements to defend against malpractice claims and disciplinary proceedings.

Outline

  1. Important provisions
    1. Client identification
    2. Scope of engagement
    3. Terms of payment
    4. Staffing concerns
    5. Conflicts
    6. File and documentation retention
  2. Special considerations regarding cannabis
  3. Defending disciplinary proceedings
  4. Defending malpractice claims

Benefits

The panel will review these and other key issues:

  • Understanding which ethical rules apply when drafting client engagement agreements
  • Determining the types of provisions to include in engagement agreements and the impact of legal ethics rules
  • Leveraging the use of client engagement agreements to mitigate or resolve client complaints, grievances, disciplinary proceedings, and malpractice claims
  • Drafting client agreements to proactively avoid client complaints and using lessons from others' mistakes