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August 12th 2021 MCLE Luncheon via Zoom — David M. Majchrzak
We are very pleased to have as our speaker for this event,
David M. Majchrzak, of Klinedinst PC
Presenting: LAWYER ETHICS: Using Social Media; Surviving Co-counsel Relationships; and Looking Ahead
Thursday, August 12, 2021 at 12:00 pm
Zoom meeting
Mr. Majchrzak will address multiple subjects, to include:
Lawyers’ use of Social Media:
- How are you using Social Media – where and what are you posting?
- Are you communicating improperly under the applicable rules? (i.e., Rule 4.2 re communications with represented persons; Rule 7.1, and Bus.& Prof. 6106 re truthfulness in statements; Rule 1.6, and Bus. & Prof. 6068(e) re confidentiality);
- Are you adequately informed as to how your clients are using Social Media?
- Defending Your Reputation – Reviews are Nothing New; and Common Negative Reviews;
- Scope of Permissible Responses, and Considerations for Potential Responses;
- Getting Positive Social Media Reviews – When and how they are harmful to Lawyers;
- Additional Ethical Considerations – Confidentiality; Evidence Code section 958; and the Duty of Loyalty
Co-counsel relationships:
- Separate engagement agreements with client, and client consent to any fee-sharing agreement;
- Communications with the client, and with co-counsel
- Beware of co-counsel conflicts;
- Allocation of responsibilities
- Considerations for potentially limiting scope of representation
- Client agreement
- Handling fee disputes after the matter is done
Looking Ahead:
- Paraprofessional programs, and the Regulatory Sandbox; Rule 5.5
The program will provide 1.0 hour ETHICS MCLE credit, and we hope that all of you will attend.