Ethics CLE Program Presented by
The Virginia Bar Association
"Cases in Professionalism and Civility"
Presentation Development Information

Thank you for inquiring about this course which we will be happy to bring to your local bar meeting or special event. Although this program works splendidly with the one speaker we will provide, you may want to consider putting together a 4-person panel of local judges and/or practitioners who would be asked to field questions from the audience. This presentation is designed to be interactive and we believe the addition of a panel, hand-picked by your group, will foster even greater interaction.

We will produce and send you the written materials and apply for CLE credit through the State Bar's MCLE Department and provide you with the attendance certification form. All you have to do is get your members there and make the appropriate number of copies to distribute on site. We suggest you invite your local judges and nearby law students as well. Simply provide us with the following information and return this packet to The Virginia Bar Association by fax to (804) 644-0052; or mail to 701 East Franklin Street, Ste. 1120, Richmond, Virginia 23219. If you have any questions, please call us at (804) 644-0041.

VBA PROFESSIONALISM COURSE DEVELOPMENT FORM

Organization Profile:

Name of Organization: __________________________________________________

Contact: _____________________________________________________________

Address: _____________________________________________________________

Phone: _____________________________ Fax: _____________________________

Information on Program Site:

Name of Facility: ______________________________________________________

Address: _____________________________________________________________

Phone: _______________________________________________________________

Expected Attendance: ___________________________________________________

Date/Time of Presentation:

Preferred Presentation Dates: -OR- Avoid Dates:
1. ______________________ 1. ______________________
2. ______________________ 2. ______________________
3. ______________________ 3. ______________________

Preferred Time of Day: __________________

Will this program be held in conjunction with a regularly scheduled membership meeting? _____
Will you be putting together a panel of local judges/practitioners to work with our speaker? _____

Selection of hypotheticals to be used for your organization's presentation:

We want to cover both substantive ethics rules and lawyer courtesy. For a one-hour program, please pick a total of ten hypotheticals – at least five of which should be from topics other than "Lawyer Courtesy." For a two-hour program, please pick a total of 20 hypotheticals, 10 of which should be from topics other than "Lawyer Courtesy." If you would prefer that we pick the hypotheticals for a well-rounded program, please advise us and we will do so.

10 hypotheticals for a 1-hour presentation
20 hypotheticals for a 2-hour presentation

Geographic Scope of the Virginia Rules of Professional Conduct

___1 Conduct by Non-Virginia Lawyers in Virginia
___2 *Choice of Laws Rules Governing Ethics Breaches

Lawyers' Practices and Firms

___3 *Encouragement of "Mentoring"
___4 *Supervising Lawyers' Responsibility for Subordinate Lawyers' Ethics Breaches
___5 Law Firm Subsidiaries
___6 Non-Compete Provisions in Partnership Agreements
___7 Law Firm Break-Ups

Lawyers Acting in Other Roles

___8 Applicability of the Ethics Rules
___9 Lawyers Acting as Executors or Trustees
___10 *Doing Business With Clients

Basic Duties to Clients

___11 *Duty to Make Legal Services Available to the Poor
___12 Duty to Take Court-Appointed Cases
___13 Prohibition on Declining Work To Avoid Adversity to Judges or Other Public Officials
___14 Prohibition on Declining Work Because of its Unpopularity
___15 *Duty to Advise Client of Appropriate ADR Procedures
___16 Limits on Withdrawal That Would Prejudice A Client
___17 *Deferring to Clients' Decisions
___18 Prohibition on Taking Cases for Which the Lawyer is Not Qualified
___19 *Duty of Communication to Clients
___20 *Helping a Client Who Becomes Incompetent
___21 Continuing to Protect a Former Client's Interests
___22 *Client Gifts or Bequests to Lawyers
___23 Limiting Objectives With a Client's Consent
___24 Lawyer's Right to Refuse to Perform Imprudent Actions
___25 *Trial Publicity

Duties to Non-Clients

___26 Handling Inadvertently Received Confidential or Privileged Material
___27 Dealing With Unrepresented People

Fees and Bills

___28 Rules Governing Fee Agreements
___29 *Rules Governing Contingent Fees in Domestic Relations Cases
___30 *Fee-Splitting Rules
___31 Prohibition on Dividing Fees With a Non-Lawyer
___32 *Withholding a Client's Files Pending Payment of a Bill
___33 Withdrawing From Representation and Suing a Client for Unpaid Fees

Dealing With Courts

___34 Ex Parte Contacts With Judges
___35 *Advising a Court of Adverse Case Law
___36 *Advising Tribunals of All Material Facts in Ex Parte Proceedings

Dealing With the Bar

___37 *Duty to Cooperate With Admissions and Disciplinary Authority Investigations

Litigation Tactics

___38 *Avoiding Disruption of Tribunals
___39 *Asserting Non-Frivolous Arguments
___40 Ex Parte Contacts With a Represented Adversary
___41 *Presenting or Threatening to Present Criminal Charges to Gain an Advantage in a Civil Matter
___42 *Refusing to Offer False Evidence
___43 Threatening an Action a Lawyer is not Authorized to Undertake
___44 Tape Recording Telephone Conversations

Settlement Ethics

___45 Negotiating a Settlement Using Arguably False Statements
___46 "White Lies" in Settlement Negotiations
___47 Updating Information During Settlement Negotiations
___48 Pointing Out Typographical Errors in Document Drafts
___49 Joint Settlements
___50 *Restrictions on Practice as Part of a Settlement

Lawyer Courtesy

___51 *Applicability of the Ethics Code to Matters of Courtesy
___52 *Emphasis On "Diligence" Rather Than "Zealous" Representation
___53 *Discovery Duties
___54 Scheduling Depositions and Hearings
___55 Dealing with Uncooperative Adversaries
___56 Filing Pleadings to Gain a Tactical Advantage
___57 Deposition Tactics
___58 Dealing With a Contentious Lawyer in Depositions
___59 Dealing with a Judge Who Does Not Seem Even-Handed
___60 Responding to a Client's Pressure to Act Discourteously

* These hypotheticals include a discussion of substantive changes in the new Virginia Rules of Professional Conduct (effective January 1, 2000).