Ethics 2024: Issues Arising From Corporate Transparency Act, Joint Representation, Artificial Intelligence, and UPL

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Ethics
- event Date
Thursday, February 15, 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 webinar will discuss four of the most predominant and pervasive legal ethics issues practitioners will need to face in 2024, why these new ethics issues are inescapable, and why they are evolving so quickly, as well as offer insights and strategies for ensuring compliance and avoiding missteps.
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. Roach focuses her practice on litigating unfair competition, intellectual property, trade secret misappropriation, distribution and antitrust matters, and providing advice and guidance to clients concerning distribution, franchise, antitrust and unfair competition issues and the protection of intellectual property. She has trial experience in both federal and state courts, and has drafted numerous agreements related to product distribution in the United States and internationally.

Mr. Schneider handles complex business and construction litigation, as well as litigation and counseling in matters relating to post-employment competition and confidentiality obligations. He routinely advises clients on litigation and risks relating to covenants not to compete, nonsolicitation agreements, trade secret protection and other post-employment obligations. Mr. Schneider also counsels clients on general commercial, employment, and separation agreement drafting and review. He advises and represents a wide range of clients from small privately held to large multinational companies.

Ms. Wood focuses her practice on employment litigation, commercial litigation and appellate practice, including discrimination, harassment and whistleblower/retaliation claims, class actions, non-compete/non-solicitation matters, defamation clams, contract disputes, fraud claims, and business tort claims. She is also an experienced advisor to employers regarding employment issues that arise outside of the litigation context.
Description
The program will address four key issues that are creating new ethical issues. The Corporate Transparency Act will be discussed in terms of compliance and law firm management. Law firms must resolve these issues if they are involved in preparing or filing formation documents.
Common pitfalls inherent in joint representations continue to present unique questions. From getting informed consent and conflict waivers to analyzing issues that arise when the clients’ interests cease to align, attorneys representing multiple parties must ethically navigate their way through the representation.
Artificial intelligence raises many ethical concerns, but as firms move forward, they must develop and then maintain appropriate policies and procedures to ensure compliance with a lawyer's duty to supervise lawyer and non-lawyer staff both inside and outside of the courtroom.
Finally, the panel will take up current unauthorized practice of law issues related to remote practice and multijurisdictional practice. This portion of the seminar is designed to provide practitioners with a general framework for analyzing whether conduct is permissible multijurisdictional practice or whether it crosses the line into UPL territory.
Listen as this preeminent panel targets both key and pressing issues for practitioners to keep in mind throughout their practice in 2024.
Outline
- Introduction and applicable ethical rules
- Corporate Transparency Act (Model Rules 1.1, 1.2, 1.4, & 1.16
- Avoiding pitfalls of joint representations (Model Rule 1.7)
- Artificial intelligence and the duty to supervise (Model Rules 1.1, 1.6, 3.3, 5.1, & 5.3 and FRCP 11)
- Unauthorized practice of law issues (Model Rule 5.5)
- Remote practice
- Multijurisdictional practice
Benefits
The panel will review these and other critical issues:
- What compliance and law firm management considerations are created by the Corporate Transparency Act?
- When should lawyers be concerned to take on joint representations?
- AI programs and the ethical implications of same
- What types of conduct puts lawyers at risk for engaging in UPL?
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