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Ethics and Professionalism Committee

Mission

Welcome to the Ethics and Professionalism Committee. The purpose of our committee is to examine issues of ethics and professionalism through the particular lens of litigation practice. The mission is to be: (1) proactive, in identifying potential changes to the Model Rules of Professional Conduct to accommodate the unique experiences of litigators; (2) reactive, in commenting on proposed rule changes initiated by others; and (3) instructive, in continuously striving to educate litigators about the boundaries within which they are required to navigate their practices. The committee also promotes professionalism in litigation, which the Model Rules do not address. The committee pursues this mission, stewarded by its chairs and subcommittee leadership, through a combination of programming (often in conjunction with other Section committees, which we encourage to incorporate ethics and professionalism issues into their other programming), publication of a newsletter, and website/email communications with our membership.

 

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Announcements

Committee Sponsors Two Programs at Annual CLE Conference

The Ethics & Professionalism Committee will sponsor two programs at the upcoming Section of Litigation Annual CLE conference in Washington, D.C. April 18–20, 2012. The committee-sponsored programs are:

Legal Marketing in a Web 2.0 Environment: Top Ten Mistakes to Avoid

Friday, April 20, 1:45 pm – 2:45 pm

This program addresses the top 10 ethical and professional issues impacting marketing and legal services in a Web 2.0 environment, including examining what jurisdictions rules apply (and when); client testimonials and rating agencies; how to avoid picking up clients you don’t know; and similar issues.

Ethics Surrounding Attorney Fees: How to Agree to Them, Collect Them, Keep Them, and Persuasively Seek Them as Sanctions

Friday, April 20, 3:00 pm – 4:00 pm

This program addresses a range of ethics and professionalism issues that arise when setting, earning, and collecting attorney fees. Issues to be addressed include: ethically structuring alternative fee arrangements; persuasively advocating for attorney fee awards; and avoiding the application of criminal asset forfeiture provisions.

ABA Commission on Ethics 20/20 Seeks Comments on Final Proposals

The ABA Commission on Ethics 20/20 recently published final revised drafts on six subjects. Attorneys are encouraged to review the changes and submit any comments by April 2, 2012.

Message from the Chairs

Bread, Entertainment, and Ethics at the Section of Litigation Annual Conference

 Members of the Ethics and Professionalism Committee:

We would like to remind you about the programs we’re sponsoring at the Section of Litigation Annual Conference in Washington D.C. On Friday, April 20 at 1:45 p.m., a panel presentation will address “Legal Marketing in a Web 2.0 Environment—Top Ten Mistakes to Avoid.” Then, at 3 p.m. the same day, we’ll have a program entitled “Ethics Surrounding Attorneys' Fees: How to Agree to Them, Collect Them, Keep Them, and Persuasively Seek Them as Sanctions.”

But the Section Annual Conference doesn’t just offer outstanding CLE opportunities. There will also be food. For example:

• On Wednesday, April 18 at 8:15 p.m. (following the conference’s welcome reception), we’ll be hosting a “Dutch Treat” dinner at the Old Ebbitt Grill (675 15th Street NW, www.ebbitt.com ), a Washington landmark. Come and meet your fellow committee members over dinner for a mere $50 (exclusive only of any alcohol you may choose to consume). PLEASE NOTE: for this event, we will need an exact count by April 10— RSVP to John Martin before that date.

 

• On Thursday, April 19, from 12:15 p.m. to 1:45 p.m., we will hold our ever-popular practice area and networking discussion luncheon. We’ll be discussing the topic of professionalism, under the banner “Times I Made Professionalism a Dirty Word—Lessons Learned About Professionalism From Its Unfortunate Absence." Come and share a story about your adventures, and particularly misadventures, in the realm of professionalism. Tickets can be purchased at conference registration.

• On Friday, April 20 from 7:30 a.m. to 8:30 a.m., we will have a committee networking coffee hour—an informal opportunity to meet with contacts made during the course of the conference, and particularly to welcome new members.

• On a diet? Afraid we might steal your fries? You can also come visit us at the annual committee expo—Thursday, April 21 from 6 to 7 p.m. This year’s expo features a game show theme—our committee will take on “Deal or No Deal.”

Let us know you’re coming to the Section Annual Conference. We’d love to meet you. Please RSVP to the dinner, or send us any questions, by clicking on our names below.

 Best regards,

Jennifer Borum Bechet
Gregory R. Hanthorn
John C. Martin

Cochairs, ABA Section of Litigation Ethics and Professionalism Committee

Subcommittees