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PROGRAM AGENDA
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Thursday, February 8, 2007
2:00 - 4:00 p.m.
Board
Meeting
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Friday, February 9, 2007
8:30 a.m.
Breakfast
8:55 a.m.
Welcome and preliminary business
9:00 a.m.
They’ve Got A Secret (and We Want It)
Peter Jarvis, Moderator, Hinshaw & Culbertson LLP, Portland, Oregon
Elizabeth Tarbert, Ethics Counsel, The Florida Bar
Charles Mokriski, Day, Berry & Howard, LLP
Lawyers are not supposed to make, or advise their clients to make, materially false or misleading statements of fact. Nevertheless, most would agree that lawyers and their clients are allowed some "puffing" in negotiations on the theory that in context, these are not really statements of fact. Where complete and truthful information can only be obtained surreptitiously or with the aid of some deception, we need to ask whether there is a right to "puff" in an investigative context that parallels the practice in the negotiations context and, if so, what its limits may be. This panel will discuss recent cases and ethics opinions that have both allowed and prohibited such communications or investigations by or at the direction of lawyers and will assess where the dividing line is and should be.
10:15 a.m.
As Much Dirt As Possible: The Corporate Mole, The Lawyer, and The Consequences
William Wernz, Moderator, Dorsey & Whitney, LLP, Minneapolis, Minnesota
Charles E. Lundberg, Bassford Remele, PA, Minneapolis, Minnesota
Michael S. Ross, Law Offices of Michael S. Ross, New York New York
Panel members will discuss their encounters with corporate moles, and other sources, who purvey information that may be too hot for lawyers to handle safely. Cases and scenarios to be discussed include the North Country lawyers saga, the double envelope gambit, the self-help privilege review, and the innocent harvester.
11:15 a.m.
Break
11:30 a.m.
Beyond Ethics and Discipline: Regulating the Practice of Law via Consumer Protection and Deceptive Trade Practice Legislation
Art Lachman, Moderator, Seattle, Washington
Alec Rothrock, Burns, Figa & Will P.C., Denver, Colorado
In many jurisdictions, the business of practicing law implicates more than exposure to professional discipline. Unfair or deceptive acts and practices have resulted in monetary and punitive damages as well as attorney's fees. This panel will survey the surprising ways that various states have applied consumer protection statutes to reach marketing, fee collection and other entrepreneurial aspects of legal practice.
12:15 p.m.
Business Luncheon Meeting
1:15 p.m.
You Can’t Always Say What You Want: Limits on Lawyer Speech, Post-Feiger
D. Culver “Skip” Smith III, Moderator, D. Culver Smith, PA, West Palm Beach, Florida
Donald D. Campbell, Collins, Einhorn, Farrell & Ulanoff, PC, Southfield, Michigan
James M. McCauley, Ethics Counsel, Virginia State Bar, Richmond, Virginia
2:15 p.m.
Current Developments
Michael J. Flaherty, Flaherty Jacobson & Youngerman PC, Chicago, Illinois
A review of cases and ethics opinions pertaining to discipline and the law of lawyering.
4:00 p.m.
NOBC/APRL Joint Program: Minority, Small Firm, Sole Practitioners in the Lawyer Discipline Process: Dispelling Myths, Addressing Facts
Paula J. Frederick, Moderator, Deputy Chief Counsel, Discipline, State Bar of Georgia
Jerome Larkin, NOBC, Deputy Administrator, Attorney Registration and Disciplinary Commission, State Bar Illinois
Jack Weiss, APRL, John A. Weiss, PA, Tallahassee, Florida
John F. Van Bolt, Attorney Discipline Board, State of Michigan, Detroit, Michigan
Studies in a number of jurisdictions confirm that minority, small firm and sole practitioners receive the majority of grievances and conclude that the system does not purposely pursue them. In this program, an adjudicator, together with bar and defense counsel will examine how procedures, sanctions, alternative discipline and staffing can be changed to achieve bar counsel’s goal of dispelling the myth and defense counsel’s goal of leveling the playing field.
5:00 p.m.
APRL/NOBC Cocktail Party
7:00 p.m.
APRL Dinner at Larios, Gloria Estfan’s Cuban restaurant on Ocean Drive, South Beach (additional payment and registration required)
From mellow to spicy Cuban food, strolling among the art deco digs, the Boardwalk, the beach, music and dancing the night away . . . something for everyone in swell South Beach. Make your reservation for another memorable APRL event.
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Saturday, February 10, 2007
8:30 a.m.
Breakfast
9:00 a.m.
Ethics of Judicial Elections in the Context of Regulation, Free Speech, Impartiality and Independence: Point and Counterpoint
James S. Bolan, Moderator, Brecher, Wyner, Simmons, Fox & Bolan, LLP, Newton, Massachusetts
Jeremy R. Feinberg, Statewide Special Counsel for Ethics, Office of Court Administration, New York, New York
Laura L. Smith, Executive Director, Judicial Campaign Ethics Center, Unified Court System, New York, New York
Brian S. Faughnan, Adams & Reese LLP, Memphis, Tennessee
Honorable Cristina Pereyra-Shuminer, Criminal Division, Eleventh Judicial Court, State of Florida
What ethical issues confront judicial candidates, and the lawyers who support, oppose and appear before them, in the jurisdictions in which judges are elected? What mechanisms can and should be put in place to allow candidates and other interested parties to get guidance on these issues, while simultaneously maintaining the public’s confidence in the dignity, impartiality, and competence of the judiciary? The panel will discuss ethics issues including fund-raising activities, joint campaigning, and judicial speech, as well as detailing actual experience in handling ethics inquiries from candidates, sometimes in the midst of hotly-contested campaigns.
10:00 a.m.
Barbarians at the Gate: A Discussion of the Admissions Process
Carol M. Langford, Moderator, Law Offices of Carol M. Langford, Walnut Creek, California
Sherri D. Goodman, Goodman Advocacy, Charleston, West Virginia
Miguel de la O, Chair, Florida Board of Bar Examiners
This panel will discuss issues that vex professional responsibility lawyers when they handle admissions cases such as expungment, the term "moral character" and the factors the bar really looks at.
11:00 a.m.
Break
11:15 a.m.
Guantanamo, Lawyers and Ethics
Robert D. Rachlin, Moderator, Downs Rachlin Martin PLLC, Burlington, Vermont and Distinguished Lecturer in Law, Vermont Law School, South Royalton, Vermont
W. Bradley Wendel, Cornell University, School of Law, Ithaca, New York
Lieutenant Commander William Kuebler, United States Navy, Judge Advocate General's Corps, Office of Chief Defense Counsel, Office of Military Commissions, Washington, D. C.
Major Thomas Fleener, United States Army Reserves, Judge Advocate General's Corps, Office of Chief Defense Counsel, Office of Military Commissions, Washington, D. C.
This panel will address ethics issues in the world of Guantanamo: is “torture” a legal ethics issue; can a lawyer waive a constitutional right on behalf of a client and if so, under what circumstances; what are the lawyer’s obligations where the client refuses representation; ethical responsibilities of JAG lawyers concerning confessions that may have been coerced; restrictions on communication with the media and on sharing "classified" information with clients.
12:15 p.m.
Final business, Announcements, and Adjournment
12:30 p.m.
Respondents’ Counsel Roundtable (Complimentary Lunch)
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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Miami Beach Oceanfront Hotel
3925 Collins Avenue, Miami Beach, Florida 33140
Tel: 305.538.3373; Fax: 305.538.7077
www.marriotthotels.com
Our meeting room at the Marriott’s recently renovated 1940’s Miami Beach Oceanfront looks out on the ocean. In addition to the hotel’s outdoor pool, jacuzzi and fitness center, enjoy biking, hiking, sailing, scuba diving, golf and a host of other outdoor activities located nearby.
Marriott’s Courtyard Miami Beach Oceanfront is fifteen blocks from historic art deco South Beach and just nine miles from the Miami airport. Downtown Miami, Coconut Grove/Coco Walk, Lincoln Road and a host of Miami attractions are within easy reach.
An APRL group room rate of $224.00/night (single or double occupancy), plus tax, has been arranged for APRL at the Marriott Courtyard Miami Beach Oceanfront Hotel in Miami Beach. Members are responsible for making their own hotel arrangements.
ROOMS MAY BE RESERVED BY CALLING COURTYARD RESERVATIONS AT 800.321.2211 AND IDENTIFYING YOURSELF AS AN APRL MEMBER OR PARTICIPANT. At this point, the $224 rate is available for February 8 and 9, 2007 but there is a limit so please reserve early.
There are also a limited number of rooms available at the $224 rate for February 10, 11, and 12, 2007. IN ORDER TO RESERVE ROOMS AT THE DISCOUNTED RATE FOR FEBRUARY 10, 11 and 12, YOU MUST CONTACT MS. FUNDA IORDACE AT THE MIAMI OCEANFRONT, TEL. 1.305.929.4706, funda.iordache@marriott.com ON TUESDAY THROUGH FRIDAY.
http://www.bythebeach.com/miami/html
http://www.miami-florida.com
http://www.miamibeach411.com
http://miami.about.com/od/traveltourism/tp/attractions.htm
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