As clients become more fiscally-conscious and litigious, ethically compliant rainmaking and case selection are turning into more than a matter of integrity – they are a matter of firm survival. Don't fall into the trap of taking on “bad news” clients just to keep the case load up. This practical legal guide offers ethical strategies for attracting the right clients and filtering out the cases that you ethically cannot or shouldn't take. Get simple tips for staying in compliance and in the black – order today!

1. Soliciting Clients – Legal Advertising Rules and Limitations
2. Initial Client Interview
3. Conflict of Interest Checks
4. Iron-Clad Fee Agreements and Engagement Letters
5. When and How to Ethically Decline Representation
6. Legal Ethical Duties to Non-Clients

Continuing Education Credits:   

* denotes specialty credits

1. SOLICITING CLIENTS – LEGAL ADVERTISING RULES AND LIMITATIONS
   1:00 - 1:30, Brent W. Baldwin and Rick C. Wuestling
   1. Where You Can and Cannot Advertise
   2. What You Can and Cannot Say
   3. Special Considerations in Using Online Networking Sites and Directories
   4. Is Your Firm's Website Ethically Compliant?
   5. E-Mail Contact by Prospective Clients
2. INITIAL CLIENT INTERVIEW
   1:30 - 2:00, Brent W. Baldwin and Rick C. Wuestling
   1. Assessing the Case
      1. What Questions to Ask About the Case Facts, Parties Involved
      2. What Key Documents to Gather/Request
   2. Assessing the Client
      1. Ability to Pay the Legal Bills
      2. Troubled Dealings With Attorneys in the Past
      3. Current Priorities, Goals and Expectations
      4. Sources of Information for Client Assessment
         1. Referral Sources
         2. Internet
         3. Potential Client
   3. Ensuring Reasonable Expectations
3. CONFLICT OF INTEREST CHECKS
   2:00 - 2:30, Brent W. Baldwin and Rick C. Wuestling
   1. Types of Conflicts
      1. Prospective vs. Current Client
      2. Prospective vs. Former Client
      3. Prospective Client vs. Current/Former Client of Attorney in Your Firm
      4. Impermissible Personal Relationships and Business Dealings With Prospective Clients
      5. Vicarious Disqualification
      6. Conflicts Arising When Attorneys Change Firms
      7. Conflicts Caused by Other People
   2. Special Conflict Checks for Lawyers Who are Current or Former Government Employees
   3. Master Checklist of Potential Conflicts
   4. Tips for Streamlining the Checks
   5. Where to Find the Relevant Rules and Case Law on a Particular Conflict
4. IRON-CLAD FEE AGREEMENTS AND ENGAGEMENT LETTERS
   2:45 - 3:15, Brent W. Baldwin and Rick C. Wuestling
   1. Identifying Your Client: Who is and IS NOT Your Client?
   2. How to Clearly Communicate the Scope of Representation
   3. Billing Methods and Their Applications
   4. Drafting Enforceable Fee Agreements
      1. Governing Rules
      2. Issues to Address (Including: Multiple Clients, Travel Time, Interest on the Client Trust Account, Attorneys' Liens, Credit Card Payments, Dispute Resolution Method, etc.)
      3. Model Fee Agreement
      4. Getting and Recording Client Acknowledgement/Response
5. WHEN AND HOW TO ETHICALLY DECLINE REPRESENTATION
   3:15 - 3:45, Brent W. Baldwin and Rick C. Wuestling
   1. Deciding When a Case or a Client is a “Deal Breaker” for You
   2. Knowing When You Must Step Down
   3. Communicating Your Decision to the Potential Client
   4. The Ethics of Referral Practices
   5. Referral Fees and Associated Liability Risks
6. LEGAL ETHICAL DUTIES TO NON-CLIENTS
   3:45 - 4:15, Brent W. Baldwin and Rick C. Wuestling

BRENT W. BALDWIN is listed in the LawDragon Top 500 Lawyers in the United States. He is the partner at Baker Sterchi Cowden & Rice L.L.C., where his practice includes representing lawyers in professional negligence claims. Mr. Baldwin has been listed in the The Best Lawyers in America for legal malpractice for 10 years; is a fellow of the American College of Trial Lawyers; and has more than 30 years of experience as a civil trial lawyer, including professional liability, products liability, all phases of catastrophic injury work and complex civil litigation, having concluded well over 100 jury trials and appeals. He also frequently lectures on topics including all aspects of trial preparation and trial techniques, medical malpractice and prevention, legal malpractice and prevention, legal ethics, tort law and insurance law. Mr. Baldwin earned his bachelor's and law degrees from The University of Texas.

RICK C. WUESTLING is a partner in the St. Louis law firm of Wuestling & James, L.C., where he has 25 years of experience representing clients in complex matters involving legal malpractice, insurance coverage, insurance bad faith, construction and design defects. He also is experienced in commercial, product liability and toxic tort litigation. Mr. Wuestling is a member of Primerus, a society of attorneys who adhere to integrity, excellence of work product, reasonable fees, continuing education, civility and community service. He also is a member of The Bar Association of Metropolitan St. Louis, the Lawyers Association of St. Louis, the Association of Defense Trial Attorneys and ProNet International, a network of high-quality independent adjustment companies, defense law firms and other insurance industry specialists. Mr. Wuestling is a frequent speaker at Missouri Continuing Legal Education seminars on the subject of legal ethics. He earned his J.D. degree from Washburn University School of Law and his B.A. degree from the University of Missouri-Columbia.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com