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LAWYERS FOLLOWING ORDERS

THIS PROGRAM WAS CANCELED

Co-sponsored with the New York City Bar

Please Note: This course has already been held.

Date: Tuesday, April 29, 2008

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:30 PM

Faculty
Schedule/Agenda
Registration Information

In today’s legal marketplace, lawyers usually practice with other lawyers and thus find themselves supervising other attorneys or being supervised themselves. In this environment, what happens when a subordinate lawyer receives an instruction to engage in unethical or illegal conduct from a supervising attorney or a valued client? For example, what happens when a partner tells an associate to bury a smoking gun document instead of producing it in discovery, or a prosecutor instructs a subordinate not to disclose exculpatory evidence to a defense attorney? The answer, social psychologists tell us, is that subordinates are much more likely to do what they are told than we would like to believe.

This program will describe a subordinate lawyer’s tendency to obey authority figures, identify specific problems that occur in both the civil and criminal contexts as a result of this tendency, explore the many legal ethics issues that consequently arise, and offer insights into how to deal with these problems, which ultimately have ethical, legal, and malpractice dimensions.

Attend and Learn:
  • Why subordinate lawyers are much more likely to comply with unethical or illegal instructions than most people believe
  • How the problem arises in both the criminal and civil contexts
  • Which specific practice issues create the greatest likelihood for excessive obedience among subordinates
  • What ethical, legal, and malpractice issues are implicated by the problem
  • Best practices for preventing excessive subordinate obedience to authority figures

  F A C U L T Y

  Professor Andrew M. Perlman
  Suffolk University Law School, Boston, MA
   
  Edward S. Cheng, Esq.
  Sherin and Lodgen LLP, Boston, MA
   
  Professor Christopher Dearborn
  Suffolk University Law School, Boston, MA
   
  Michael R. Fabbri, Esq.
  Middlesex District Attorney's Office, Woburn
   
  Professor Diane Juliar
  Suffolk University Law School, Boston, MA
   
  Douglas R. Richmond, Esq.
  Aon Risk Services-Professional Services Group, Chicago, IL
   
  Arnold R. Rosenfeld, Esq.
  Kirkpatrick & Lockhart Preston Gates Ellis, LLP, Boston, MA
   
  Andrew Silverman, Esq.
  Committee for Public Counsel Service, Boston, MA
   


NEW YORK CITY BAR
Lawyers Following Orders: Ethical Pitfalls and Practical Advice
Wednesday, June 13, 2008, 9:00 a.m. to 12:30 p.m.

To register please visit:

http:// https://www.nycbar.org/CLE/show_course.php?cnameid=1791

or call (212) 382-6663



  S C H E D U L E / A G E N D A

4:00 WECLOME AND OVERVIEW
Professor Andrew M. Perlman, Chair



4:10 UNETHICAL OBEDIENCE BY SUBORDINATE ATTORNEYS: LESSONS FROM PSYCHOLOGY WHAT PRESSURES DO SUBORDINATE LAWYERS FACE IN PRACTICE?
  • What does social psychology tell us about how subordinates will respond to these pressures?
  • Which rules of professional conduct are implicated for subordinate lawyers?
Professor Andrew M. Perlman



5:10 FROM RESEARCH TO REALITY: SOCIAL PSYCHOLOGY MEETS CIVIL AND CRIMINAL PRACTICE
  • What are some of the most common problems that subordinate lawyers face in civil and criminal practice?
  • What precautions can lawyers take to ensure that subordinates raise concerns about perceived unethical or illegal conduct?
Professor Diane Juliar, Douglas R. Richmond, Esq. and Arnold R. Rosenfeld, Esq.



6:00 BREAK

6:15 CONCURRENT WORKSHOPS: CIVIL AND CRIMINAL BREAKOUT SESSIONS
Recognizing the pressures and applying solutions in practical settings when supervisors and subordinate lawyers do not see eye to eye when confronted with ethical dilemmas.

Discussion of some common ethical scenarios and effective prevention strategies

Civil Practice Issues

Edward S. Cheng, Esq., Douglas R. Richmond, Esq. and Arnold R. Rosenfeld, Esq.

Criminal Practice Issues

Professor Christopher Dearborn, Michael Fabbri, Esq. and Andrew Silverman, Esq.



7:30 CONCLUDE

  G E N E R A L   I N F O

Date:  

Tuesday, April 29, 2008

Tuition:  

Tuition is $149; $129 for Suffolk alumni and attorneys admitted to the Bar after 2005.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

Written requests for cancellations received via fax or email 24 hours prior to program will be granted a refund, minus a $15.00 charge. if you cannot attend, you may send a substitute, otherwise you will receive the written course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

This course is approved for CLE credit in RI, NH, VT & ME and includes 2 hours of ethics credits.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




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