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THE NEW AMENDMENTS TO THE WV RULES OF PROFESSIONAL CONDUCT 2014 : MOUNTAINEER SERIES-MP3 SEMINAR-(1230-1508)THE NEW AMENDMENTS TO THE WV RULES OF PROFESSIONAL CONDUCT 2014 : MOUNTAINEER SERIES-MP3 SEMINAR-(1230-1508)
$155.00

 
THE NEW AMENDMENTS TO THE WV RULES OF
PROFESSIONAL CONDUCT 
Recorded Saturday, November 20, 2014
Morgantown, WV
  

 
On September 29, 2014, by order of the WV Supreme Court of Appeals significant amendments were made to the WV Rules of Professional Conduct effective January 1, 2015.
Nearly every Rule of Professional Conduct and/or official comment has been amended. The New Amendments address topics such as:
  • Changes to the procedures for securing waivers of conflict
  • Prevention of client fraud or criminal conduct
  • Expands competence to include keeping abreast of the benefits and risks associated with relevant technology
  • Permits limited representation, including ghostwriting
  • Duty of diligence may require sole practitioners to create a succession plan
  • Expanded guidance on communication with clients, including the concept of informed consent, confirmed in writing
  • Clarifies instances in which a lawyer may reveal information relative to representation of a client, such as seeking ethics advice or conducting conflict checks
  • Eliminates former rule prohibiting fee sharing, allows referral fees if client agrees to the referral
  • Requires reasonable and appropriate precautions by using available technical, physical, and administrative safeguards to prevent unauthorized access to information about the representation of a client
  • Rewrites rule on concurrent conflicts of interest, providing greater detail and clarity, greater protection for clients, and informed consent
  • Adds a prohibition that prevents a lawyer from soliciting any substantial gift from a client
  • Clarifies that most of the specific conflict types are imputed to the firm
  • Provides clarification for mass tort and aggregate settlements, including a mechanism for allocation agreements
  • Makes clear that the duty to protect confidentiality extends to former clients
  • Eliminates imputation of conflicts arising from a lawyer's own personal interests
  • Does not propose adopting the controversial 2009 Model Rule that permits screening outside of the narrow confines of situations involving government lawyers (Rule 1.11) and law clerks, etc. (Rule 1.12)
  • And many other changes...
    ROBERT H. DAVIS, JR., ESQUIRE
   Harrisburg, PA
    J. MICHAEL BENNINGER, ESQUIRE
   Benninger Law, PLLC

    RACHAEL L. FLETCHER CIPOLETTI, CHIEF LAWYER
   WV Office of Disciplinary Counsel

This seminar is accredited for 3.0 WV MCLE credits, including 3.0 Ethics credits.