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July 2019 MCLE Luncheon with Heather L. Rosing & David M. Majchrzak

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Our next MCLE lunchtime program will be on Thursday, July 11, 2019, at 12:00 pm at the Manhattan of La Jolla restaurant (within the Empress Hotel at 7766 Fay Avenue). We are very pleased to have attorneys HEATHER L. ROSING and DAVID M. MAJCHRZAK of the Klinedinst firm as this month’s speakers.

Ms. Rosing and Mr. Majchrzak will give a joint presentation, Top 10 Common Ethical Missteps That Can Trip Up Lawyers”

Regardless of practice area, all lawyers have one thing in common — they must follow their ethical obligations included in the State Bar Act and the recently revised Rules of Professional Conduct. There are challenges in doing so, due to the time-sensitive nature of legal matters, the market challenges, and the complexity of practicing law.   This program will examine 10 of the top most common issues and attendant precautions that lawyers can take to avoid ensnarement in an ethical trap. The program will provide 1.0 hr CLE credit in Ethics.

Among topics to be covered by our speakers are:

  1. Failure to keep accurate accountings
  2. Failure to communicate with clients
  3. Keeping confidential information confidential
  4. Fee-sharing with non-lawyers
  5. Bad conflicts practices
  6. Engaging in business transactions with clients
  7. Failure to produce the file in the correct format or prompt manner
  8. Problematic management of potential client relationships  
  9. Supervision of subordinate lawyers and non-lawyer assistants  
  10. Prohibited discrimination, harassment, and retaliation

 

Presentation Materials:

LJBA July 11 2019 Presentation PDF

LJBA July 11 2019 Presentation PPTX

Some Information about our speakers:

Heather L. Rosing

Heather L. Rosing serves as the Chairperson of her firm’s Professional Liability Department, working with a team of Klinedinst lawyers across the state in the defense of professionals such as lawyers and accountants. Ms. Rosing has developed a nationwide reputation for her experience and skill in litigating complex malpractice, fraud cases, and D&O matters, and in advising in the areas of ethics and risk management. Ms. Rosing also serves as a consultant and expert witness in the areas of fee disputes, professional responsibility, privileges, and attorney duties.

For approximately a decade, Ms. Rosing has also represented judges and commissioners in matters before the Commission on Judicial Performance and advised judicial officers on matters pertaining to judicial ethics.

Ms. Rosing is certified as a specialist in Legal Malpractice Law by the State Bar of California Board of Legal Specialization. Ms. Rosing has represented numerous lawyers and other professionals in hundreds of cases and matters in State Court, Federal Court, and arbitration proceedings. Her track record includes notable victories, both by way of motion and at trial.

In addition to serving as the Department Chairperson, Ms. Rosing has served as the Chief Financial Officer since 2006. As a member of the Klinedinst Board of Directors and Executive Committee, she also serves as one of the managing attorneys of the 130 employee firm, and previously served as the firm’s General Counsel.

Rated AV®-Preeminent™ by Martindale since 2000, Ms. Rosing has been honored with numerous accolades for her work in ethics and professional liability defense. Ms. Rosing donates much of her time to speaking and teaching free of charge on ethics, professionalism, and malpractice across the state and county.  In 2009, Ms. Rosing also was appointed to the American Bar Association’s Standing Committee on Lawyers’ Professional Liability, and chaired its bi-annual conference in September 2009 in Chicago and in September 2013 in San Diego.

Ms. Rosing’s Online Bio
https://klinedinstlaw.com/profiles/attorney/heather-rosing

 

David M. Majcchrzak

David M. Majchrzak is a seasoned ethicist, civil litigator, and certified specialist by the State Bar of California in legal malpractice law with significant motion, trial, and appellate experience. He works primarily out of Klinedinst PC’s San Diego office. Mr. Majchrzak devotes a substantial portion of his career to counseling his clients on how to achieve their professional goals in an ethical way. For those attorneys who do not have general counsel in their firm or who simply need practical, outside advice, he helps navigate the often complex ethical waters of the legal profession. Mr. Majchrzak performs law office risk management reviews, trains law firm staff in ethics requirements, and advises on a variety of topics. These include conflicts of interest, fees and billing requirements and dispute handling, trust account procedures, law firm advertising and online marketing efforts, engagement and common interest agreements, non-engagement and disengagement protocols, attorney-client privilege/confidentiality analyses and protection, subpoena response, multi-jurisdictional practice, lawyer mobility, and ancillary business ventures.

State Bar of California, California Board of Legal Specialization

Mr. Majchrzak, who has achieved Martindale’s highest AV®-Preeminent™ rating, is very active within the legal community. Mr. Majchrzak currently serves is the immediate past chair of the San Diego County Bar Association’s invitation-only Legal Ethics Committee. He also serves as the chair of the Integration and Engagement Committee and a member of the Future of Lawyering Committee of the Association of Professional Responsibility Lawyers.

Mr. Majchrzak recently completed service as a three-year member of the State Bar’s Committee on Professional Responsibility and Conduct, and chair of its outreach committee. In 2015, Mr. Majchrzak revived the then-abandoned Ethics Quarterly, and has continued as one of its two editors, a role that he continues in. Mr. Majchrzak has also been active within the American Inns of Court. He served for four years as president of the William L. Todd, Jr. chapter and two years on the national program awards committees. Mr. Majchrzak is a director and secretary for both the San Diego County Bar Association and the Association of Discipline Defense Counsel. He has also served as a judge for Teen Court, an attorney instructor for mock trial competitions, a director of the Kiwanis Club of Poway, and in various other voluntary professional and community roles.

Mr. Majchrzak’s Online Bio
David M. Majchrzak – Klinedinst

Education

University of Southern California (B.S., 1993)

Thomas Jefferson School of Law (J.D., summa cum laude, 2002)