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
   8:45 - 9:15 and 1:00 - 1:30, Kurt M. Hughes
   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, Kurt M. Hughes
   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, Kurt M. Hughes
   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, W. Scott Fewell
   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, W. Scott Fewell
   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, W. Scott Fewell

W. SCOTT FEWELL is an attorney with the law firm Burak Anderson & Melloni PLC in Burlington, Vermont, where his main areas of practice are commercial litigation, as well as antitrust, land use, zoning, intellectual property and employment. Mr. Fewell earned his B.A. degree from the LeTourneau University, his J.D. degree from the Vermont Law School and his M.A. degree from the University of Texas at Arlington. He is a member of the American and Pennsylvania bar associations.

KURT M. HUGHES is a partner with the Murdoch Hughes & Twarog Attorneys at Law, P.C., where he practices in the areas of family law, adoptions, assisted fertility law and criminal defense. Mr. Hughes is a member of the Vermont Bar Association, the Vermont Association of Criminal Defense Lawyers, the American Bar Association and the Vermont Association of Justice. He also is the only practicing member of the American Academy of Adoption Attorneys in Vermont, and will be a charter member of the Academy's new sister organization, the American Academy of Assisted Reproductive Technology Attorneys (AAARTA). Mr. Hughes earned his B.A. degree from Colgate University and his J.D. degree from Vermont Law School.

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

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Phone: 866-240-1890

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