Staying Ethical When Growing a Practice: Avoiding Impermissible Client Solicitation by Third Parties; ABA FO 501
Ensuring Third-Party Compliance With Model Rules 7.3, 5.3, and 8.4, and Avoiding Vicarious Liability for Misconduct

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Thursday, June 13, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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.
This CLE course will discuss what supervising attorneys must do to ensure that anyone the lawyer employs, retains, or associates with--whether inside or outside the firm--understands and acts consistently with the Rules of Professional Conduct. The program will review ABA Formal Opinion 501 and its ramifications when attorneys or others acting for them pitch for firm business to clients with specific legal issues.
Faculty

As a member of Thompson Hine’s Office of General Counsel, Ms. McClurg conducts research and advises the firm’s lawyers on a variety of substantive legal ethics, privilege and liability issues. She also reviews and analyzes business intake conflicts, outside counsel guidelines and ethical screens; advises the firm’s lawyers on bar admissions matters; and provides guidance on ethical and liability issues to administrative departments throughout the firm. In addition, Ms. McClurg has responsibility for co-editing Thompson Hine’s legal ethics blog, The Law for Lawyers Today, which has been named a top law blog by the ABA Journal.

Ms. Bevacqua-Lynott is Senior Counsel in the Firm’s Portland and San Diego offices, and a member of the Firm’s Professional Responsibility and Litigation Practice Groups. She provides guidance and legal representation to attorneys, licensed professionals, and other business clients, including firms and in-house legal departments. Her practice centers on legal ethics, risk management, and discipline defense. Ms. Bevacqua-Lynott acts as outside counsel to clients in a variety of industries, providing advice and counsel on all manner of ethics issues, including conflicts, confidentiality, malpractice, risk management, and fee issues.

Mr. Corsmeier represents attorneys in all matters concerning the Florida Bar and/or the Florida Board of Bar Examiners. He has numerous years of experience representing lawyers and applicants alike and will strive to help you understand the process to contribute a more effective strategy. Mr. Corsmeier is an expert in his field and will remain steadfast in representation.
Description
Despite the 2018 clarifications, ambiguity remains concerning a lawyer's ethical responsibility for the lawyer's actions and those of others who engage in live, person-to-person solicitation with specific individuals.
ABA Formal Opinion 501 attempts to clarify an attorney's ethical responsibilities when third parties recruit and communicate on the lawyer's behalf. A lawyer cannot do through another person that which the lawyer could not do directly.
Listen as this panel examines the principles and rules that govern a lawyer's ethical duties concerning solicitation, examines how those rules vary by jurisdiction, and provides practical tips for ensuring compliance.
Outline
- Applicable rules
- Ambiguities clarified by ABA Formal Opinion 501
- Effective policies on client solicitation
Benefits
The panel will discuss these and other key issues:
- What professional rules govern client solicitation?
- Do legal ethics prohibit the use of lead-generation services?
- What would an effective policy on client solicitation look like?
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