| LAWYERS FOLLOWING ORDERS:
Ethical Pitfalls and Possible Solutions
Please Note: This course has already
been held.
Date: Wednesday, January 14, 2009
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 06:00 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 problem that occur in both the civil and criminal contexts as result of this tendency, explore the many legal ethics issues that consequently arise, and offer insights into how to deal with this problem, which ultimately has ethical, legal, and malpractice dimensions.
Who Should Attend:
- Lawyers who serve as ethical advisors for their firms or their public sector equivalents
- Lawyers who want to learn more about the ethical, legal and malpractice issues associated with subordinate lawyers and supervisors
- Lawyers who want to develop strategies to effectively communicate with supervising attorneys or other authority figures when confronted with ethical dilemmas
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 context
- What specific practice issues create the greatest likelihood for excessive obedience among subordinates
- What ethical, legal and malpractice issues are implicated by the problem for both supervisory and subordinate attorneys
- Best practices for preventing excessive subordinate obedience to authority figures
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Edward S. Cheng, Esq.
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Sherin & Lodgen, LLP, Boston, MA |
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Professor Christopher Dearborn
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Suffolk University Law School, Boston, MA |
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Michael R. Fabbri, Esq.
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Middlesex District Attorney's Office, Woburn |
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David S. Friedman, Esq.
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Massachusetts Attorney General's Office |
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Professor Diane Juliar
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Suffolk University Law School, Boston, MA |
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Professor Andrew M. Perlman
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Suffolk University Law School, Boston, MA |
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Patrick J. Sharkey, Esq.
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Mintz Levin, P.C. |
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Andrew Silverman, Esq.
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Committee for Public Counsel Service, Boston, MA |
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| S C H E D U L E / A G E N D A |
| 4:pp |
WELCOME AND INTRODUCTIONS |
| Professor Andrew M. Perlman
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| 4:05 |
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
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| 4:45 |
REAL WORLD PRESSURES AND ETHICAL DILEMMAS |
| Recognizing the pressures and applying solutions in practical settings when authority figures and subordinate lawyers do not see eye to eye when confronted with ethical dilemmas.
Civil Practice Issues
Edward S. Cheng, Esq., David A Friedman, Esq. and Patrick J. Sharkey, Esq.
Criminal Practice Issues
Professor Chris Dearborn, Michael Fabbri, Esq., Professor Diane Juliar and
Andrew Silverman, Esq.
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| Date: |
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Wednesday, January 14, 2009 |
| Tuition: |
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Tuition is $129.00; $99.00 for Suffolk Alumni, attorneys admitted to the bar after 2005. Tuition includes course materials and refreshments. IMPORTANT INFORMATION IF YOU'RE PAYING WITH A CHECK:
Suffolk University processes checks electronically using the information on the check to create an electronic funds transfer. Each time you send a check, you authorize a one time transfer of funds to be electronically withdrawn from your bank account. You will not receive your cancelled check as Suffolk University is required to destroy the check after it has been processed. For more information please contact the Office of the Bursar at 617-573-8407.
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| Walk-Ins: |
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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.
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| Refunds: |
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If for some reason you are not able to attend, you may send a substitute or call no later than the business day before to receive a refund less a $15.00 cancellation fee. Otherwise, you will receive the course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Two (2) ethics credits; approved for CLE Credit in RI, NH, VT & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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| Scholarships: |
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Are available to any attorney or professional employed in public service, or unable to afford the tuition. For more information, call 617-573-8627.
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Directions to the Law School.
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Library 
