Course Description
"The Guardian" is a series of video vignettes that sheds light on the ethical issues attorneys may face on any given day. While the issues raised in the series are never state-specific, we will apply the Virginia Rules of Professional Conduct to the analysis of the issues presented. In each program, we will show three video vignettes, and a panel will discuss a series of questions that address the issues raised in each vignette. During the panel discussions, attendees will be encouraged to ask questions and share comments.
The intent is to emphasize that attorneys should take time more frequently to identify and reflect on the ethical issues that arise in the day-to-day practice of law. Ultimately, the desire is to have attendees develop a greater sensitivity to the many ethical issues that can be in play any day of the week, be better prepared to view these issues as learning opportunities, and be more willing to take advantage of these opportunities in order to see that the issues are responsibly addressed and resolved.
Program Summary: The ethical issues that are raised and discussed with Vignette One "Always Listening" include office sharing, the increased necessity of social engineering awareness training in light of the rise of AI, identification of the ethical rules that must be responsibly addressed when using AI in the practice of law, and the parameters that come into play under Rule 4.2 when advising a client concerning his or her right to communicate directly with the adverse party.
In Vignette Two, "Getting Comfortable, or Not?", the panel will discuss the issues raised when a lawyer prepares a witness to testify, represents a client with diminished capacity, begins to show signs of dementia, and realizes a malpractice misstep might have occurred.
Finally, in Vignette Three "The Results Are In" the program concludes with discussions on properly documenting scope of representation, the failure to clearly determine who the client is and how that can create unintended conflict of interest problems, the impact of AI on wire fraud and related financial scams, and the impact that effectively managing the attorney-client relationship can have on lawyer wellbeing.
Learning Objectives:
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Recognize and analyze common ethical issues that arise in daily legal practice through the lens of real-world scenarios and the Virginia Rules of Professional Conduct.
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Apply ethical guidance to emerging challenges related to artificial intelligence, social engineering threats, and secure communication with clients and third parties.
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Evaluate professional responsibilities when preparing witnesses, working with clients with diminished capacity, and addressing potential cognitive decline or malpractice concerns in oneself or colleagues.
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Clarify the scope of representation and client identity to avoid conflicts of interest and ensure effective, ethical client relationships.
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Strengthen ethical decision-making and professional judgment by using day-to-day issues as learning opportunities to support both client service and attorney wellbeing.
Mark Bassingthwaighte, Esq., serves as Risk Manager at ALPS, a leading provider of insurance and risk management solutions for law firms. Since joining ALPS in 1998, Mark has worked with more than 1,200 law firms nationwide, helping attorneys identify vulnerabilities, strengthen firm operations, and reduce professional liability risks.