Ethics for the Transactional Lawyer:

Program Description

While rules governing the practice of law are applicable to all lawyers, their application to transactional lawyers presents unique issues and challenges. 

In this program, the panel will discuss:

• Conflicts of interest, considering applicable rules, identification of the client (is it an entity?  Its officers or principals?  All of them?), and strategies for avoiding conflicts
• Communications during the transaction, considering privilege and how to preserve it, and communications to other persons (both those represented by counsel and those unrepresented)
• What happens when a transaction becomes a dispute, considering disqualification and its consequences?
• Multi-jurisdictional practice issues, including unauthorized practice issues applicable to all attorneys involved in a transaction in which any attorney engages in UPL
• Choice of law rules, which may render an attorney subject to the practice rules in any jurisdiction in which her conduct has a predominant effect

• The practicing transactional lawyer in a diverse law firm.
• Disciplinary counsel responsible for evaluating, investigating, and, if warranted, prosecuting lawyer misconduct
• Defense counsel representing the transactional lawyer facing prosecution for misconduct or criminal charges

Program Faculty

Program Moderator
Norman M. Powell, Partner, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE

Program Faculty
Thomas B. Mason, Partner, Zuckerman Spaeder LLP, Washington, DC
Andrea L. Rocanelli, Chief Counsel, Office of Disciplinary Counsel, Delaware Supreme Court, Wilmington, DE

CLE Credit*

1.5 hours of CLE ETHICS credit in 60-minute states/1.8 hours of CLE ETHICS credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts.*

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.5 total NY CLE ETHICS credits.

The following states accept ABA teleconferences for mandatory CLE credit:
AL, AR, AZ, CA, CO, FL, GA, IA, ID, IL, KY, LA, ME, MN, MO, MS, MT, NC, ND, NH, NM, NV, NY, OK, OR, RI, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY.

*States currently not accrediting ABA Teleconferences: DE, IN, PA, KS, OH