Seminar  Seminar

Ethical Issues in California Pro Bono Representation 2014 (Free)


Select a Location:

This is a webcast of the live San Francisco session.

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.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

All times are P.D.T.

Morning Session: 9:00 a.m. - 12:30 p.m. (P.D.T.)

9:00 Program Overview and Introductions

Robert A. Hawley

9:15 Commencing the Representation

A. Pro Bono Service

  • What Qualifies as “Real” Pro Bono
  • The Need
  • History/Background
  • Duty
  • Preparation to Engage

B. Commencing the Representation

  • Be Admitted: Unauthorized Practice
  • Pro Bono as a Loss Leader for Future Pecuniary Gain
  • Selecting and Vetting the “Right” Pro Bono Clients
  • Working Through a Pro Bono Program
  • Creating the Pro Bono Relationship
  • Pro Bono - Limited Scope Representation

C. Checking for Conflicts of Interest

  • Conflicts Between Clients
  • Conflicts Between Attorney and Client
  • Conflict Imputation and Screening
  • Conflict Waivers
  • Conflicts in Limited Scope Legal Service Programs

Denise M. Asper, Robert A. Hawley, Bruce Ives, Toby J. Rothschild, Jonathan M. Wong, and Phong S. Wong

10:15 Conducting the Representation

A. No Self Interest

  • 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

  • Termination of Employment
  • Confidentiality, Death and Imminent Bodily Injury Exception
  • Client With Diminished Capacity
  • Advising Violation of Law

C. Fees, Costs & Sanction Awards

  • Financial Arrangements With Non Lawyers
  • Financial Arrangements With Lawyers
  • Costs and Expenses
  • Fee Awards
  • Lawyer Referral Services
  • The Pro Se
    • Opposing Party
  • Gifts for Services

Denise M. Asper, Robert A. Hawley, Bruce Ives, Toby J. Rothschild, Jonathan M. Wong, and 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, and Phong S. Wong

12:30 Adjourn

Chairperson(s)
Robert A. Hawley ~ Deputy Executive Director, The State Bar of California
Speaker(s)
Denise M. Asper ~ Prison Litigation Project Director, Office of the Circuit Executive, Ninth Circuit Court of Appeals
Bruce Ives ~ Senior Vice President/Deputy General Counsel for Professional Outreach, Pro Bono, Civic Engagement, Hewlett-Packard Company
Toby J. Rothschild ~ General Counsel (Retired), Legal Aid Foundation of Los Angeles
Jonathan McNeil Wong ~ Partner, Donahue Fitzgerald LLP
Phong S. Wong ~ Pro Bono Director, Legal Aid Foundation of Los Angeles
Program Attorney(s)
Christina Thompson ~ Program Attorney, Practising Law Institute
PLI makes every effort to accredit its Live Webcasts. Please check the Credit Information box to the right of each product description for credit information specific to your state.


PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:  Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.

 

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

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.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00 Program Overview and Introductions

Robert A. Hawley

9:15 Commencing the Representation

A. Pro Bono Service

  • What Qualifies as “Real” Pro Bono
  • The Need
  • History/Background
  • Duty
  • Preparation to Engage

B. Commencing the Representation

  • Be Admitted: Unauthorized Practice
  • Pro Bono as a Loss Leader for Future Pecuniary Gain
  • Selecting and Vetting the “Right” Pro Bono Clients
  • Working Through a Pro Bono Program
  • Creating the Pro Bono Relationship
  • Pro Bono - Limited Scope Representation

C. Checking for Conflicts of Interest

  • Conflicts Between Clients
  • Conflicts Between Attorney and Client
  • Conflict Imputation and Screening
  • Conflict Waivers
  • Conflicts in Limited Scope Legal Service Programs

Denise M. Asper, Robert A. Hawley, Bruce Ives, Toby J. Rothschild, Jonathan M. Wong, and Phong S. Wong

10:15 Conducting the Representation

A. No Self Interest

  • 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

  • Termination of Employment
  • Confidentiality, Death and Imminent Bodily Injury Exception
  • Client With Diminished Capacity
  • Advising Violation of Law

C. Fees, Costs & Sanction Awards

  • Financial Arrangements With Non Lawyers
  • Financial Arrangements With Lawyers
  • Costs and Expenses
  • Fee Awards
  • Lawyer Referral Services
  • The Pro Se
    • Opposing Party
  • Gifts for Services

Denise M. Asper, Robert A. Hawley, Bruce Ives, Toby J. Rothschild, Jonathan M. Wong, and 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, and Phong S. Wong

12:30 Adjourn

Chairperson(s)
Robert A. Hawley ~ Deputy Executive Director, The State Bar of California
Speaker(s)
Denise M. Asper ~ Prison Litigation Project Director, Office of the Circuit Executive, Ninth Circuit Court of Appeals
Bruce Ives ~ Senior Vice President/Deputy General Counsel for Professional Outreach, Pro Bono, Civic Engagement, Hewlett-Packard Company
Toby J. Rothschild ~ General Counsel (Retired), Legal Aid Foundation of Los Angeles
Jonathan McNeil Wong ~ Partner, Donahue Fitzgerald LLP
Phong S. Wong ~ Pro Bono Director, Legal Aid Foundation of Los Angeles
Program Attorney(s)
Christina Thompson ~ Program Attorney, Practising Law Institute

San Francisco Seminar Location

PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800

San Francisco Hotel Accommodations

The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.

Westin San Francisco Market Street, 50 Third Street, San Francisco, CA 94103
Reservations can be made by calling 415-974-6400.  Ask for the corporate reservation coordinator and reference 287179.  You can also book online at westin.com/marketstreet and enter the above number.

Due to high demand we recommend reserving hotel rooms as early as possible.

PLI seminars qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state.

Please check the Credit Information box to the right of each product description for credit information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

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