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Ethical issues for corporate lawyers

Friday, November 2, 2018

9:30 a.m.

Welcome and Introduction to the Program

9:45 a.m.
Ethical Issues in Advising Nonprofits - As Counsel or as a Board Member

There are a myriad of ethical issues that arise (and are sometimes overlooked) in attorneys serving as nonprofit directors or representing nonprofit entities, including pro bono representation. The panel will discuss the duties that are particularly important to attorney-directors including initial nonprofit due diligence, the fiduciary duties of a director, conflicts of interest, malpractice coverage, attorney-client privilege, statutory immunity for the unpaid director, firm policies related to board service, and D&O coverage. Topics when an attorney acts as independent counsel to a nonprofit will include the need for an engagement letter detailing the attorney-client relationship and the scope of the representation, working with the board/management to represent the entity, and issues associated with pro bono representation.
     

10:45 a.m.

Break

11:00 a.m.
Tone at the Top and Ethical Obligations Inside Corporations 

Corporate leaders, including the General Counsel, help set the company’s ethical tone at the top. At the same time attorneys for the corporation (whether in-house or outside counsel) need to understand that a company’s decision to assume a business risk does not mean that it is acting unethically. The ethical issues in this setting include understanding the identity of the client, how an in-house attorney manages when he or she performs a business function in addition to providing legal advice, and the reporting up or climbing the ladder obligations.  

12:00 p.m.

Networking Lunch (Included)

Enjoy lunch with the panelists and other attendees.

12:50 p.m.

Mindfulness and Stress Reduction: Practical Tips That You Can Use

This session, which qualifies for Substance Abuse credit, will be led by Will Frey, an instructor of mindfulness-based stress reduction for the Program on Integrative Medicine at UNC-Chapel Hill. Frey is the author of Ease Into Freedom: Keys for Reducing Stress and Unlocking Your Potential published in 2016. He will offer some practical tips for reducing stress.

1:50 p.m.

Break

2:00 p.m.
Ethical Issues in Litigation Financing

Litigation financing is becoming increasingly popular. In it, a third party (not a party to the litigation or counsel) provides financing for the litigation in exchange for a financial interest in the outcome of the litigation. Repayment of the financing is contingent upon successfully resolving the matter. The panel will explore some of the legal and ethical issues this practice presents related to confidentiality, privilege waivers, independence of professional judgment, and conflicts of interest. 

3:00 p.m.

Adjourn

UNC School of Law | Van Hecke-Wettach Hall | 160 Ridge Road, CB #3380 | Chapel Hill, NC 27599-3380 | 919.962.5106 | Accessibility


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