Attorney Conflicts of Interest and Prohibited Transactions: Identifying and Resolving Ethical Challenges

This CLE course will provide practitioners with a framework to identify the most problematic and difficult to detect conflicts of interest and prohibited transactions. The panel will outline best practices for counsel to cope with conflicts and avoid prohibited transactions that could potentially result in disqualification, discipline, or even malpractice.

Conflicts of interest are a daily concern for most practitioners. Potential conflicts come in many forms, impacting business transactions or engaging in prohibited transactions, representations of multiple individuals, interactions with current clients, and decisions to take on new clients, to name just a few. Attorneys should be aware of prohibited transactions and other various types of conflicts, how to waive those conflicts, and avoid issues stemming from conflicts and prohibited transactions.

Client consent can resolve many conflicts. However, the effectiveness of conflict waivers can vary, depending on the nature of the conflict, the timing of the waiver request, and whether the client is a current or former client. Conflicts must be anticipated and addressed in engagement letters.

Listen as our panel of attorneys experienced in ethics issues discusses how to identify potential conflicts and prohibited transaction issues and outlines best practices for avoiding or resolving those conflicts.