Ethical Issues in California Pro Bono Representation 2014

September 4, 2014
9:00 a.m. - 12:30 p.m.
PLI San Francisco Conference Center & Via Live Webcast
Free!

To Register:
http://www.pli.edu/Content/Seminar/Ethical_Issues_in_California_Pro_Bono_Representation/_/N-4kZ1z12f4i?fromsearch=false&ID=172322


Why You Should Attend
While the ethical obligations of pro bono legal practice are no different than a commercial law practice, there are practical considerations regarding eligibility of clients, challenging clients, conflicts (similar in theory, different in practice settings), expectations on both sides, case management responsibility, and different delivery models, such as limited scope representation, that cause many professionals to hesitate offering pro bono legal services. This program is designed to answer questions regarding the ethical obligations of pro bono legal service, encourage attorneys to engage in this professionally rewarding aspect of law practice, be aware of changes in the practice of law, and remove ambiguities that are barriers to engaging in pro bono legal services.

What You Will Learn
Experts in professional responsibility and in pro bono service from law firms, legal services, and in-house corporate law departments and federal pro bono programs will discuss:

• Application of the California Rules of Professional Conduct
• ABA Model Rules of Professional Conduct
• Proposed California Rules of Professional Conduct
• Basics of Pro Bono, Including the Definition of "Pro Bono"
• Why Pro Bono is Considered an Important Part of the Profession
• Professional Responsibility Concerns Unique to Pro Bono
• Pro Bono in a Federal Jurisdiction Context

The faculty will discuss hypothetical fact patterns and illustrate the application of the rules.

Who Should Attend
Law firm pro bono coordinators and partners, law firm associates, legal services pro bono coordinators, solo practitioners, small and medium firm attorneys engaged in pro bono legal services, judges, and everyone interested in increasing access to justice.


Program Schedule

9:00
Program Overview and Introductions
Robert A. Hawley

9:15
Commencing the Representation
A. Pro Bono Service
o What Qualifies as "Real" Pro Bono
o The Need
o History/Background
o Duty
o Preparation to Engage
B. Commencing the Representation
o Be Admitted: Unauthorized Practice
o Pro Bono as a Loss Leader for Future Pecuniary Gain
o Selecting and Vetting the "Right" Pro Bono Clients
o Working Through a Pro Bono Program
o Creating the Pro Bono Relationship
o Pro Bono - Limited Scope Representation
C. Checking for Conflicts of Interest
o Conflicts Between Clients
o Conflicts Between Attorney and Client
o Conflict Imputation and Screening
o Conflict Waivers
o Conflicts in Limited Scope Legal Service Programs
Denise M. Asper, Robert A. Hawley, Bruce Ives, Toby J. Rothschild, Jonathan M. Wong, Phong S. Wong

10:15
Conducting the Representation
A. No Self Interest
o Who is the Client- Duties to the Pro Bono Client
• Competence
• Confidentiality
• Communication
• Safekeeping Property
• No Frivolous Actions
• Fairness
• Unmeritorious Claims
• No Sex
B. The Difficult Client
o Termination of Employment
o Confidentiality, Death and Imminent Bodily Injury Exception
o Client With Diminished Capacity
o Advising Violation of Law
C. Fees, Costs & Sanction Awards
o Financial Arrangements With Non Lawyers
o Financial Arrangements With Lawyers
o Costs and Expenses
o Fee Awards
o Lawyer Referral Services
o The Pro Se
? Opposing Party
o Gifts for Services
Denise M. Asper, Robert A. Hawley, Bruce Ives, Toby J. Rothschild, Jonathan M. Wong, Phong S. Wong

11:15
Networking Break

11:30
Specific Application of Ethical Rules and Issues to Various Pro Bono Practice Settings - Hypotheticals
• Pro Bono Clinic and Law Firm
• Pro Bono for the Difficult Client
• Pro Bono "Fees and Costs"
• Pro Bono through Corporate In-House Counsel
• Pro Bono in Partnerships/Different Areas of Law
• Pro Bono and Incubators
• Pro Bono and Technology
• Federal Pro Bono
Denise M. Asper, Robert A. Hawley, Bruce Ives, Toby J. Rothschild, Jonathan M. Wong, Phong S. Wong

12:30
Adjourn