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

1. SOLICITING CLIENTS – LEGAL ADVERTISING RULES AND LIMITATIONS
   8:45 - 9:15 and 1:00 - 1:30, Howard E. Walker
   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
   9:15 - 9:45 and 1:30 - 2:00, Brooks R. Magratten
   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
   9:45 - 10:15 and 2:00 - 2:30, Howard E. Walker
   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
   10:30 - 11:00 and 2:45 - 3:15, Brooks R. Magratten
   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
   11:00 - 11:30 and 3:15 - 3:45, Brooks R. Magratten
   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
   11:30 - 12:00 and 3:45 - 4:15, Howard E. Walker

BROOKS R. MAGRATTEN is a partner with Pierce Atwood LLP, practicing in the areas of commercial, insurance and products liability litigation. Mr. Magratten is the Northeast regional director of the Defense Research Institute and chairs its Life, Health & Disability Insurance Committee. He also is a member of the FDCC, IADC and PLAC. Mr. Magratten chairs the Federal Bench/Bar Committee of the Rhode Island Bar Association, is vice president of the Federal Bar Association (Rhode Island Chapter) and a fellow of the Rhode Island Bar Foundation. He is the president-elect of the Defense Counsel of Rhode Island. Mr. Magratten earned his B.A. degree from Hamilton College, his J.D. degree from Dickinson School of Law and his M.B.A. degree from Bryant College. He is the editor of the ABA's ERISA Survey of Federal Circuits.

HOWARD E. WALKER is a sole practitioner in Rhode Island, where his practice areas include business litigation, admiralty and maritime law, lawyer ethics and professional responsibility. Mr. Walker is a member of the Rhode Island (member, Superior Court Bench/Bar Committee; Federal Court Bench/Bar Committee; Committee on Technology in Practice; Committee on Ethics and Professional Responsibility; Ad Hoc Committee on the Future of Law Practice; Superior Court Committee on Judicial Technology and Automation) and American (member, Section of Litigation and center for Professional Responsibility) bar associations. He is also a trustee for Providence Public Library and South Shore Mental Health Center and a member of Hopkinton (Rhode Island) Planning Board. Mr. Walker earned his B.A. degree, cum laude, Phi Beta Kappa, Phi Kappa Phi, from the University of Illinois and his J.D. degree, cum laude, from Boston University.

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