The Ethics of Errors

It's not easy being a lawyer. Attorneys face rigid deadlines, packed calendars, and long hours. Clients are often stubborn and unforgiving, demanding 110% of your attention and expecting five-star work at 2-star prices. As attorneys are only human, even the most skilled and seasoned will inevitably make a mistake. Unfortunately, one mistake may damage your case and might also threaten your relationship with a client or even your position at a firm. Moreover, failing to respond appropriately to a mistake will jeopardize your license and your career. In this course, attendees will consider an attorney's duties related to error disclosure, what exactly those duties require, and why it's important to take these duties seriously.

Learning Objectives:

1. Identify the foundation of the duty to disclose, e.g., fiduciary duties, loyalty, confidentiality, and MRPC 1.4 and 1.7(a)(a); and the consequences of nondisclosure
2. Explore what triggers the duty to report an error, to whom, and whether the representation can continue
3. Identify how to keep communications with in-house ethics counsel privileged
4. Discover best practices for having a conversation with your client about the error
5. Address the conflict of interest and prepare an effective waiver