Interesting Ethics – 3 hours: Liar Lawyers and Data Breaches [Webinar]

Audio program! (check our CLE Programs page for live versions)

Ethics related CLE courses are part of our CLE requirements – all across the country.  But just because you have to take ethics courses, doesn’t mean they can’t be interesting and informative!

In this three-hour ethics program, you will learn about cutting edge ethical issues you face, when either your own or your clients data privacy is breached. You will learn not only what your ethical and legal duties are, but also notice requirements, confidentiality issues, insurance and litigation risks.  You’ll learn about bar opinions, as well as the state of the law in various locations. Most importantly, not only will you receive ethics units, you will learn about a critical, timely legal area that is complicated and affects companies across the spectrum, including your own.

You will also gain clarity on how far is too far, when advocating for your clients.  There is a balance between zealous advocacy and your duty to the court and your ethical obligations to be truthful.  In this day and age, that line continues to be crossed too often, and more often that it should. Sometimes the line is crossed intentionally, but many times it is not. Many times it is just due to a lack of awareness of what is, and is not, allowed under the rules.

The second half of this program will demonstrate, with hypotheticals, what does and does not violate ethical rules.

90 minutes:
Law Firm Cyberattacks and Data Breaches:
Ethical Considerations and Responsibilities if Your Law Firm Is Hacked

  • ABA Formal Opinion 483 (Oct 17, 2018), which discusses:
    • Lawyers’ duty to understand how technology applies to the practice of law
    • Ethical obligations to monitor for data breaches and mitigate the risks
    • Post-breach client notice requirements
    • General confidentiality issues
  • State Bar Opinions
  • Insurance considerations
  • Litigation risks
  • Lessons from recent examples

BREAK

90 minutes:
Liar Lawyer

  • Attorneys’ duties under the rules of professional conduct regarding:
    • Truthfulness in statements to others
    • Candor toward the courts
    • Fairness to opposing party and counsel.
  • Discussion and Hypotheticals – how far is too far?
    • Your faculty will use real-world examples from published opinions and formal opinions
    • During this portion, your faculty’s focus will be on the conflict between being a zealous advocate and our duties as attorney

 

Can’t attend? This program will be recorded live. The recorded package, available as a video recording, or for those of you who might want to listen only it is also available in audio only format. Recorded packages also include all seminar materials and be available approximately two days after the program ends.

 

Have you ever thought about improving your public speaking skills? Now is the time! Get Faith Pincus’ newly published book Being Heard: Presentation Skills for Attorneys, from the ABA now (ABA members receive 10%-20% off). You can order a signed paperback from us at a discount here (free shipping). It is also available on Amazon in Kindle and paperback versions.

 

Agenda

Thursday, January 21, 2021

(includes 10 min break)
10:00 – 1:10 Pacific Time
12:00 – 3:10 Central Time
1:00 – 4:10 Eastern Time

Law Firm Cyberattacks and Data Breaches:
Ethical Considerations if Your Law Firm Is Hacked

  • ABA Formal Opinion 483 (Oct 17, 2018), which discusses:
    • Lawyers’ duty to understand how technology applies to the practice of law
    • Ethical obligations to monitor for data breaches and mitigate the risks
    • Post-breach client notice requirements
    • General confidentiality issues
  • State Bar Opinions
  • Insurance considerations
  • Litigation risks
  • Lessons from recent examples

BREAK

Liar Lawyer

  • Attorneys’ duties under the rules of professional conduct regarding:
    • Truthfulness in statements to others
    • Candor toward the courts
    • Fairness to opposing party and counsel.
  • Discussion and Hypotheticals – how far is too far?
    • Your faculty will use real-world examples from published opinions and formal opinions
    • During this portion, your faculty’s focus will be on the conflict between being a zealous advocate and our duties as attorney

 

Date/Time/Location

Webinar

Date:
Thursday, January 21, 2021

Times:
10:00 a.m. – 1:10 p.m. Pacific Time
12:00 p.m. – 3:10 p.m. Central Time
1:00 p.m. – 4:10 p.m. Eastern Time

We will send your login details and handout materials a few days before your program.

Testimonials

Comments about Ed Lear’s past ethics presentations:

“The Eastern Bar Association of Los Angeles County had the pleasure of having Mr. Lear recently present a CLE on “Reel Ethics.” Mr. Lear was a fabulous speaker and kept all of us engaged with his energetic, thoughtful, and interactive presentation. We also thoroughly enjoyed his movie clips tying everything together! We would love to welcome Mr. Lear back in the future.”

– Abby A. Wood, Uriarte & Wood, Attorneys at Law

“Please again express our thanks to Mr. Lear for his excellent presentation today. It was appreciated by all. Thanks for your help in arranging. And please tell his assistant we hope he has a speedy recovery! Thanks, Ed.”

– Edward Idell, Law Offices of David B. Bloom

“Ed,

Thank you so much for last week’s presentation, which I think was one of the best of the year.

Aside from the fact that you know your subject, and are extremely experienced in it, your personality and style and the subject matter perfectly fit the bill for our topic. I know it was a sacrifice to return from your trip, make the boring drive to Riverside, and leave that same night for your trial the next day in San Francisco, and we sincerely appreciate it.
I personally received many comments from Inn members indicating they enjoyed the presentation and your ability to keep it lively.

Thanks again, and best wishes to you.”

– JMP, Lewis Brisbois Bisgaard & Smith LLP

Comments from past programs about Luke Sosnicki:

“Good presentation clear and concise.” – Phillip M. Cunningham, Esq.

“Informative.”

“Knowledgeable.”

Faculty

Rizza Gonzales, Esq.
Partner
Century Law Group, LLP

Rizza Gonzales is a California attorney and a partner at Century Law Group LLP (“CLG”) based in Los Angeles. Ms. Gonzales graduated from the University of Southern California in 2006 and received Bachelor of Arts degrees in political science, sociology, and English literature and language. In 2009, she received her J.D. from the U.C.L.A. School of Law and began her practice as an associate at CLG. Her focus is in civil litigation involving real estate law, eminent domain, business disputes, consumer law, and professional licensing defense. She became a partner at CLG in 2018. Ms. Gonzales has tried over 30 administrative cases and 17 jury trials. In addition, she has presented MCLE credit-approved programs to many local bar associations including the Beverly Hills Bar Association, the Pasadena Bar Association, the Glendale Bar Association, the Association of Discipline Defense Counsel, etc.


Murray B. Greenberg, Esq.

Murray B. Greenberg recently retired as Senior Trial Counsel for the State Bar of California, Office of Chief Trial Counsel, where he was employed for over 30 years. He earned his bachelor of science degree from University of Illinois and graduated Chicago-Kent College of Law. He was licensed in Illinois in 1979 and California in 1989. Mr. Greenberg served as President of the National Organization of Bar Counsel and on several American Bar Association committees. Mr. Greenberg has been an instructor for State Bar Ethics School and has presented numerous programs on professional responsibility to civic organizations, law schools, Beverly Hills Bar Association, Alternate Public Defender’s Office, Los Angeles County Counsel’s Office, Consumer Attorneys Association of Los Angeles, National Labor Relations Board, Better Business Bureau and at the State Bar Annual Meeting. 


Edward O. Lear, Esq.
Founder
Century Law Group LLP

Mr. Lear provides lawyers with legal ethics and risk management compliance advice and defends attorneys against professional malpractice and related claims, State Bar disciplinary proceedings, and legal fee disputes. He consults with law firms regarding attorney advertising, conflicts of interest waivers and consents, motions to disqualify, fee divisions, class action ethics, law firm structuring, partnership disputes, and the acquisition and departure of attorneys. He also represents selected clients in commercial litigation.

Mr. Lear is a recognized speaker at legal seminars on professional responsibility and conduct, has published numerous articles, and has been qualified as an expert witness in state and federal courts. He provides expert witness testimony in the field of attorney conduct to both plaintiffs and defendants in civil litigation matters.

Mr. Lear is a 1983 graduate, cum laude, of Dartmouth College and a 1987 graduate of U.C.L.A. School of Law, where he was a member of the Law Review and the Moot Court Honors Program. He joined Thelen, Marrin, Johnson & Bridges immediately after law school and worked for four years as a big firm litigation associate before becoming a Los Angeles-based State Bar prosecutor. For three years, Mr. Lear prosecuted California attorneys, never losing a trial, before co-founding Gerry & Lear in 1994. In 2002, he founded Century Law Group, now a six-attorney litigation boutique firm.

Mr. Lear has tried over 300 cases, including over 50 jury trials.


Luke Sosnicki, Esq.
Partner
Thompson Coburn LLP

Luke is an experienced commercial litigator who has successfully litigated commercial disputes of all types. He is also an experienced financial services litigator, having spent most of his career defending banks, mortgage servicers and other financial institutions in individual and class action cases across the country. Luke also holds a CIPP/US certification from the International Association of Privacy Professionals, and provides comprehensive advice on litigation risks related to federal and state data privacy laws, including the California Consumer Privacy Act (CCPA).

Luke has successfully defended clients in lawsuits brought under various state and federal consumer protection statutes related to loan origination, servicing, debt collection, foreclosure and unfair or deceptive practices. Luke is also an experienced appellate lawyer who has represented numerous bank and servicer clients on appeal.

Luke has been at the forefront of data and cybersecurity issues, with a particular focus on the financial services industry. He is certified by the International Association of Privacy Professionals as a U.S. Private Sector privacy professional (CIPP/US), and advises financial services companies on federal and state laws governing data management, privacy and eMortgage/digital mortgage processes, as well as best practices for handling private consumer information. Luke has also written and spoken extensively about California’s new privacy law, the CCPA, including its impact on financial institutions.

As former in-house counsel for Nationstar, one of the country’s largest mortgage servicers, Luke managed a large portfolio of lawsuits alleging various lending violations, origination fraud and loan-servicing errors. He also served as assistant general counsel to Aurora Bank FSB (formerly Lehman Brothers Bank FSB) during a critical transition period following the 2008 financial crisis, where he managed litigation and advised various business units on litigation risk, foreclosure practices and state and federal laws governing default management.


 

Fees

Registration fees are per person.

Individual: $120

Group: $110 per person for 2 or more from the same company pre-registering at the same time

Government employee/Legal Aid* Rate: $100

Paralegal Rate: $90

Your access information and course handout will be sent out a few days before the program.

 

Program materials:

Registration includes an electronic copy (.pdf) of your seminar handbook. This will be emailed to you a few days before the program. Be sure to check your spam folder if you don’t see it by then. Please put info@pincusproed.com in your address book to make sure you receive your pdf of the program handbook.

* Law Student Rate is for current law students only. Please bring your law school ID to show when you check in for the program.

** Legal Aid attorneys are those attorneys employed by Legal Aid/non-profit firms. It does not include attorneys who have their own practice, or are employed by law firms, that volunteer their time for non-profit causes or take on pro-bono cases. It also does not include attorneys who serve on non-profit boards.

Full and partial scholarships may be available to a limited number of Legal Aid attorneys, based upon registration. Please call (877) 858-3848 to discuss or email your request to info@pincusproed.com.

CLE Credits

State Approvals listed below:

 

CA General: Approved for 3.0 units.
CA: Ethics/Professional Responsibility: Approved for 3.0 units.

IL Legal Ethics: Approved for 3.0 units of Legal Ethics credit in Illinois through 1/8/2023.
IL General: Approved for 3.0 unit of general CLE credit in Illinois through 1/8/2023.

FL General: Approved for 3.5 units of general CLE credit in Florida through 7/31/2022.
FL Ethics/Professional Responsibility: Approved for 3.5 units of Ethics credit and 2.0 units of Technology credit in Florida through 7/31/2022.

OR General: Approved for 3.0 units of general CLE in Oregon.
OR Ethics/Professional Responsibility: Approved for 3.0 units of Legal Ethics credit in Oregon.

$90.00$120.00 each

January 21, 2021 | Webinar

Clear

Number of Attendees?

Attendee 1 Name

Attendee 1 Email

Attendee 1 Bar Number

Attendee 2 Name

Attendee 2 Email

Attendee 2 Bar Number

Attendee 3 Name

Attendee 3 Email

Attendee 3 Bar Number

Attendee 4 Name

Attendee 4 Email

Attendee 4 Bar Number

Attendee 5 Name

Attendee 5 Email

Attendee 5 Bar Number

Attendee 6 Name

Attendee 6 Email

Attendee 6 Bar Number

Attendee 7 Name

Attendee 7 Email

Attendee 7 Bar Number

Attendee 8 Name

Attendee 8 Email

Attendee 8 Bar Number

Attendee 9 Name

Attendee 9 Email

Attendee 9 Bar Number

Attendee 10 Name

Attendee 10 Email

Attendee 10 Bar Number

Attendee 11 Name

Attendee 11 Email

Attendee 11 Bar Number

Attendee 12 Name

Attendee 12 Email

Attendee 12 Bar Number

Attendee 13 Name

Attendee 13 Email

Attendee 13 Bar Number