See Credit Details Below
Overview
The Briefing will meet Georgia Professionalism CLE requirements.
Professionalism is a multidimensional concept. Compliance with the Rules of Professional Conduct is a necessary but not sufficient component. Identification of and preparation to handle emerging and unexpected developments through the exercise of sound professional judgment is fundamental. This Briefing will focus on four selected topics in litigation and transaction practice that present challenges to professionalism. The discussion will focus on the Rules of Professional Conduct but will also include references to the Lawyer’s Creed and Aspirational Statement of Professionalism adopted by the Chief Justice’s Commission on Professionalism of the State of Georgia.
Please join faculty as they discuss, among other issues:
- Miranda warnings in civil cases – 15 minutes
This segment will discuss lawyers’ obligations under Rule 1.13 of the Georgia Rules of Professional Conduct, particularly Rule 1.13(f), when dealing with employees of an entity client. The presenters will discuss the need for and elements of an Upjohn warning and the effect on the attorney-client privilege.
- When witnesses become clients – 15 minutes
In litigation current or former employees of an entity client often become witnesses in the case. What are the ethically proper ways to deal with the employee/witness? For example, may the attorney prepare the witness for testimony at a deposition or at trial? If so, does the lawyer have an attorney-client relationship with the witness, and if so what does the lawyer do if a conflict arises between the employee/witness’s testimony and that of the client?
- Competency in contract drafting – 15 minutes
The duty of competency under Georgia Rule of Professional Conduct 1.1 is fundamental to the practice of law. This segment examines key components of the duty of competency in contract drafting and offers a three-part framework for lawyers to use: (1) contract clause identification, (2) contract clause selection, and (3) due diligence in contract clause drafting. Presenters will discuss the use of limited engagement agreements under Georgia Rule of Professional Conduct 1.2(c) to specify and narrow the potentially broad scope of an engagement for contract drafting.
- Competency and confidentiality in using generative artificial intelligence – 15 minutes
Generative Artificial Intelligence is a hot topic these days, but the practice of law is often affected by hot topics, and experience has shown that fundamental ethical principles remain applicable to the newest hot topic, although usually with some nuances and modifications. The presenters will discuss application of the duties of competency and confidentiality to the use of GAI.
Who Should Attend: In-house counsel, outside attorneys, litigators and other allied professionals interested in a better understanding of the risks flowing from the duties of competency and confidentiality in the four contexts covered by the program and methods for controlling those risks
Program Level: Update
Prerequisites: None
Advanced Preparation: None
Faculty:
Nathan M. Crystal
Crystal & Giannoni-Crystal, LLC
Kenneth Craig Dobson
Dobson Law LLC