I. The Relation of Lawyer & Client

• How is the relationship formed? (The answer may surprise you!)
• Can you have a client you didn’t know you had? (Yes . . . . )
• Can you take only part of a client’s case?
• What about the client who only wants revenge?
• What if your client is incompetent? (Or, worse yet, borderline incompetent?)
• What if the client insists you pursue an issue which you are certain is a loser?

 II. The Duty of Confidentiality

• What does the duty of confidentiality cover?
• Is the attorney-client privilege different?
• What about the work product privilege?
•  Just what is covered by each of these privileges and duties? (More important, how do clients tend to see these duties?)
• When two clients engage the same lawyer for the same matter, what happens to the privilege?

III. The Duty of Loyalty

• Can you ever sue one current client on behalf of another current client?
• What duty do you owe a client not to take a case on behalf of another client? (Who’s “running the show” in the attorney-client relationship?)
•  How can you ethically refuse to take a case if no other lawyer in town will take it?
• Are you prevented from taking public positions contrary to the positions of your clients?
• May husband and wife lawyers represent different interests? (Should they?)

IV. Conflicts Between Client Interests & the Lawyer's Personal Interests

• Can lawyers take stock in an enterprise instead of a cash fee? (If they do, what problems can they anticipate?)
• Can a lawyer invest in a company that competes with a client?
• What can (and cannot) a lawyer do with valuable confidential information learned while representing a client?

V. The Lawyer & the Former Client

• Can a lawyer ever sue a former client?
• What if client confidences will not be disclosed?
• How does the “substantial relationship” test work?
• Can lawyers be disqualified because of preliminary interviews with people who choose not to hire the lawyer?
• If a lawyer is disqualified, what happens to the work product? Can it be turned over to the new lawyer?

  3.4 WV MCLE credits, including 3.4 ethics credits.

DVD Seminar Rental with Written Handout

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