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PROGRAM AGENDA
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Thursday, August 9, 2007
1:00 - 3:00 p.m.
Board
Meeting
5:00 - 6:30 p.m.
Welcome Reception for new and old APRL members
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Friday, August 10, 2007
8:00 a.m.
Breakfast
8:45 a.m.
Welcome and Preliminary Business
9:00 a.m.
Effective Use of Legal Ethics Experts and Standards in Legal Malpractice Cases
Sherri D. Goodman, Moderator, Goodman Advocacy, Charleston, WV
Ronald E. Mallen, Hinshaw & Culbertson, LLP, San Francisco, CA
Jerome Fishkin, Fishkin Slatter, LLP, Walnut Creek, CA
This panel will discuss professional conduct standards and legal ethics experts in the context of a legal malpractice case from both sides of the aisle: The use and scope of an expert’s testimony; the selection and education of an expert; motions in limine; and direct and cross examination of experts.
10:00 a.m.
Joint Representation and Aggregate Settlements
Robert H. Davis, Jr., Moderator, Harrisburg, PA
W. William Hodes, The William Hodes Professional Corporation, Indianapolis, IN
Sarah Diane McShea, Law Offices of Sarah Diane McShea, New York, NY
Nancy J. Moore, Professor of Law and Nancy Barton Scholar, Boston University School of Law, Boston, MA
The panel will address aggregate representations and settlements and the problems lawyers face in complying with the requirements of Model Rule 1.8(g). The panelists will discuss the present rule, ABA Formal Opinion 06-438 and the ALI's draft Principles of the Law of Aggregate Litigation, focusing on the problems lawyers routinely encounter in aggregate representations and settlements and the public policies underlying the Model Rule. The panelists will analyze some of the proposed revisions to the present Rule and discuss whether those changes would better serve clients and the public.
11:15 a.m.
Break
11:30 a.m.
“Will You Still Love Me Tomorrow?” Advance Waivers, Hot Potatoes, Predatory Terms and Other Engagement Letter Issues in Today’s Corporate Family Context
George C. Clark, Moderator, Washington, D.C.
Peter R. Jarvis, Hinshaw & Culbertson, LLP, Portland, OR
William P. Schuman, McDermott, Will & Emery, LLP, Chicago, IL
Engagement letters increasingly attempt to eliminate potential issues of client identity in the corporate family context, as well as to provide for advance conflict waivers. Can well-drafted clauses eliminate these problems and reduce exposure from thrust upon conflicts and hot potato clients? Do clients want to give waivers? Does buyer’s remorse inherently permeate these issues? Does client size really matter? Are “predatory” client generated engagement terms compounding the problem? This panel will discuss the recent McKesson and Ulico cases, among others.
12:30 p.m.
Business Luncheon Meeting
Report from NOBC-APRL Joint Committee on Aging Lawyers; Planning for APRL in Amsterdam, May 2008; Election of Directors and Officers; and other business.
1:30 p.m.
Guantanamo Bay Revisited: Ethical and Legal Issues for Guantanamo Detainee Defense Counsel
Robert D. Rachlin, Downs Rachlin Martin PLLC, Burlington, VT, Distinguished Lecturer, Vermont Law School, South Royalton, VT
Neal R. Sonnett, Neal R. Sonnett, P.A., Miami, FL, Chair, ABA Task Force on Enemy Combatants
Lieutenant Commander William Kuebler, United States Navy, Judge Advocate General Corp., Office of Chief Defense Counsel, Office of Military Commissions, Washington, D.C.
Major Thomas Fleener, United States Army, Judge Advocate General Corp., Office of Chief Defense Counsel, Office of Military Commissions, Washington, D.C.
The panelists will discuss the impact of government limitations on defense counsel’s ability to provide adequate representation, including restrictions on counsel’s access to clients and evidence, the applicability of state and military versions of the Model Rules, procedures for resolving “choice of law” issues and potentially inconsistent ethical duties, conflicts of interest, and other concerns presented by the unique circumstances of the Guantanamo Bay military tribunals.
3:30 p.m.
Joint Program: CPR/NOBC/APRL—BRAVE NEW WORLD: The Changing Face of Law Firms and the Practice of Law
APRL: J. Charles Mokriski, Day Pitney, LLP, Boston, MA
NOBC: To be announced
4:30 p.m.
APRL/NOBC Cocktail Party
7:00 p.m.
APRL Dinner at Henry’s Hunan Restaurant
110 Natoma St., San Francisco, CA, 415.546.4999
According to San Francisco locals, Henry’s Hunan is the real deal when it comes to Chinese food: fresh, delicious, plentiful, and spicy (heat turned down on request). Henry’s is a lunch joint, but is opening its doors at night for APRL’s traditional Friday night dinner.
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Saturday, August 11, 2007
8:00 a.m.
Breakfast
9:00 a.m.
Media Lawyer Ethics: A Need to Know Discussion for You, Your Media Lawyer Clients and Their Partners
Bruce E.H. Johnson, Davis Wright Tremaine, LLP, Seattle, WA
Lucian T. Pera, Adams and Reese, LLP, Memphis, TN
Scott J. Shagin, Hackensack, NJ
Ethics issues for Media and Entertainment lawyers such as business person/lawyer doing business with clients, multiple representation, pre-publication conflicts and positional conflicts.
10:15 a.m.
Something for Everyone: Business Development From Cowboy Country to La La Land
Diane L. Karpman, Karpman & Associates, Los Angeles, CA
Mike Gross, Michael D. Gross, P.C., Colorado Springs, CO
Mike Gross, anti-marketer, and Diane Karpman, 24/7 marketer, will share their top ten tips along with some of their best flops. This is not just for fun, although fun it will be. Diane and Mike are all business when it comes to business.
11:00 a.m.
Break
11:15 a.m.
Who's Your Client? Ethical Issues in Formation and Representation of Closely-Held Entities
Suzanne R. Westerheim, Moderator, Dallas, TX
William Freivogel, Chicago, IL
Seth Rosner, Saratoga Springs, NY
William J. Wernz, Dorsey & Whitney, LLP, Minneapolis, MN
The panel will discuss whether it is possible to represent only the entity and not the constituents of a closely-held entity. The panel will also discuss ethical issues that can arise in the formation and representation of closely-held entities, including conflicts of interest, the duty of confidentiality, and professional liability exposure.
12:15 p.m.
Current Developments
Michael J. Flaherty, Flaherty, Jacobson & Youngerman, PC, Moderator, Chicago, IL
Chad Kettlewell, Christensen, Christensen, Donchatz Kettlewell & Owens LLP, Columbus, OH
Peter Werdesheim, Carlock, Copeland, Semler & Stair, LLP, Atlanta, GA
APRL’s incomparable, semi-annual review of cases and ethics opinions pertaining to ethics, malpractice, bar admissions and other aspects of the law of lawyering.
1:00 p.m.
Final business and Adjournment
12:30 p.m.
Respondents’ Counsel Roundtable (Complimentary Box Lunch)
An informal discussion of issues relating to representing lawyers, law students, bar admission candidates and suspended and disbarred lawyers.
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ACCOMMODATION INFORMATION
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Handlery Union Square Hotel
351 Geary Street
San Francisco, CA 94102
Phone: 415.781.7800
Fax: 415.781.0269
www.handlery.com/sf
Our host hotel will be San Francisco’s historic Handlery Union Square Hotel, in the heart of San Francisco, minutes from everything. Catch a cable car on the corner and away you go (unless you want to shop in glamorous Union Square).
APRL’s rate, which is available from August 6 through August 13, is $139.00 for single occupancy or $145.00 for double occupancy in the Hotel’s Historic Section. Club Section rooms are $175.00 for single or double occupancy.
OUR GROUP RATES ARE ONLY AVAILABLE FOR RESERVATIONS REQUESTED BY JULY 17.
MEMBERS MAY RESERVE ROOMS BY CALLING RESERVATIONS AT 415.781.7800 AND REQUESTING THE APRL GROUP RATE. You may also use the online reservation system with Promo Code APRL. You may also request accommodations by faxing to 415.781.0269 or emailing to reservation-sf@handlery.com. However, the Handlery staff strongly recommends that you make reservations by telephone.
We cannot do justice to San Francisco’s attractions here, but start off with diverse, hip and beautiful neighborhoods, the San Francisco Botanical Garden, Golden Gate Park and Bridge, the Presidio, cable cars, Alcatraz, and Chinatown. Consider Marin County, the Wine Country, Muir Woods and Black’s Beach. Check out these websites for more information ... and start planning your trip to San Francisco with APRL, August 9 to 11, 2007.
www.onlyinsanfrancisco.com
www.sfchamber.dpway.com
www.sanfrancisco.com
www.napavalley.com
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