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PROGRAM AGENDA
Unless otherwise noted, all sessions will be held at the Palmer House Hilton, 17 East Monroe Street, Chicago.
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Thursday, July 30
2:00pm – 4:00pm
APRL Board of Directors Meeting
(Meeting room TBA.)
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Friday, July 31
7:30am
Continental Breakfast
8:50am
Welcome and Announcements
9:00am – 10:00am
Law Firm “Divorces”: Behaving Like Grownups and Ethical Consideration
Lynda C. Shely, The Shely Law Firm, P.C., Scottsdale, AZ (chair/moderator)
William Freivogel, Chicago, IL
David A. Lewis, Proskauer Rose, New York, NY
Lawyers leaving firms pose many ethical issues, such as when and by whom the departure should be communicated to clients, how fees owed to the former firm are calculated, whether a departing lawyer may take his/her form files (and contact lists), whether the departing lawyer MUST take the client's dog cases that he/she would prefer to leave behind, and who gets custody of the files if the firm disbands. The panel will address these and similar issues.
10:00am – 11:00am
Oh, What Tangled Webs We Weave: How to Screen Ethically and Effectively Under Newly Amended Rule 1.10
Robert A. Creamer, Law Office of Robert A. Creamer, Evanston, IL
Anne E. Thar, Winston & Strawn LLP, Chicago, IL
Sabino “Rod” Rodriguez, Day Pitney LLP, New York, NY
Now that the formal debate has ended and screening is permitted under Model Rule 1.10, when and how is it done? Our intrepid panel will tackle the practical issues involved in the screening of lawyers moving between firms or otherwise conflicted.
11:00am – 11:15am
Break
Snacks and Refreshments
11:15am – 12:15pm
Are You an Advocate or a Neutral? The Ethics of Expert-Witnessing
Anthony Davis, Hinshaw & Culbertson LLP, New York, NY (chair/moderator)
John Leubsdorf, Professor of Law, Rutgers University School of Law, Newark, NJ
Nancy J. Moore, Professor of Law and Nancy Barton Scholar, Boston University School of Law, Boston, MA
The debate among William Simon, Bruce Green, and others over the expert opinions of Geoffrey Hazard, Bruce Green, and Roy Simon — for all its vituperative tone — has brought front and center the prickly question of an expert’s ethical compass. Is the expert an advocate or a disinterested participant? Is there room for both functions?
12:30pm – 1:30pm
Lunch and APRL Annual Business Meeting
(Palmer House Hilton, room TBA.)
1:45pm – 2:45pm
Tanned, Rested, and Ready—Now What? The Practical Side of Expert-Witnessing
D. Culver “Skip” Smith III, Fox Rothschild LLP, West Palm Beach, FL (chair/moderator)
W. William Hodes, The William Hodes Professional Corporation, Indianapolis, IN
Ellen A. Pansky, Pansky Markle Ham LLP, South Pasadena, CA
The panel will address getting hired as an expert witness, engagement letters, expert-witness confidentiality and work-product considerations, the expert's role in framing the issues, and getting one's opinion admitted (e.g., avoiding the “issue of law” obstacle).
2:45pm – 3:45pm
Nexus, Perplexus: What Are the Limits on Judicial Power to Discipline Lawyers?
Panel:
The brilliant and passionate APRL audience
Referees:
Arthur J. Lachman, Seattle, WA
Allison D. Rhodes, Hinshaw & Culbertson LLP, Portland, OR
Special Guest:
Mark A. Dubois, Chief Disciplinary Counsel, Judicial Branch, State of Connecticut, Hartford, CT
You're going to want to talk anyway, so it may as well be your show. In this interactive session, you'll share your insights on what the outer limits should be for imposing professional discipline. To what extent should disciplinary authorities be permitted to sanction lawyers, under rules such as Model Rule 8.4(b) & (c), for criminal, fraudulent, or other conduct not directly related to performing legal work? Or rely on catchall language such as “prejudicial to the administration of justice” in Model Rule 8.4(d) to capture conduct not prohibited elsewhere in the rules? Or utilize common-law liability principles like breach of fiduciary duty? We'll toss out hypotheticals to get the discussion going and do our best to maintain a sense of decorum. But the rest is up to you.
3:45pm – 4:00pm
Break
Snacks and Refreshments
4:00pm– 5:00pm
Lawyer Liability & Discipline—Current Development
Peter Werdesheim, Carlock Copeland, Semler & Stair, LLP, Atlanta, GA (chair)
Michael J. Flaherty, Flaherty, Jacobson & Youngerman, PC, Chicago, IL
Charles J. Kettlewell, Christensen, Christensen, Donchatz, Kettlewell & Owens LLP, Columbus, OH
APRL's traditional semiannual compendium of recent cases on the law of lawyering.
6:30pm– 10:00pm
APRL Dinner Cruise – We dine aboard the M.V. Chicago’s First Lady while cruising the Chicago River. Boarding is between 6:30 and 7:00 p.m., with champagne and passed appetizers, followed by a catered dinner.
Boarding is at a dock at Riverside Gardens on the Chicago River, located down a two-level staircase at the southeast corner of the Michigan Avenue bridge at Wacker Drive—about nine blocks from the Palmer House Hilton. Look for the blue awning. Parking is available in the garage across the street at 111 East Wacker Drive. For guests who are unable to use the stairs, there is a dock-level, drop-off-only area below Lower Wacker Drive, adjacent to the Chicago River.
For more information on Chicago's First Lady river cruises, visit
http://www.cruisechicago.com.
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Saturday, August 1
7:30am
Continental Breakfast
9:00am – 10:15am
Between Scylla and Charybdis: Navigating the Waters Between Candor and Confidentiality
J. Charles Mokriski, Day Pitney LLP, Boston, MA (chair)
Peter R. Jarvis, Hinshaw & Culbertson LLP, Portland, OR
Ronald C. Minkoff, Frankfurt, Kurnit, Klein & Selz PC, New York, NY
Ethics 2000 amended Model Rule 3.3 by tagging the elusive “reasonable remedial measures” with the question-begging “including, if necessary, disclosure to the tribunal.” Add subsection (c) of the rule (mandating compliance even if it “requires disclosure of information otherwise protected by Rule 1.6”), and the waters of confidentiality appear dominated by the rock of candor. What are the implications for lawyers when their witnesses' testimony strays from the truth? What is truth in these situations? Do innocent mistakes or inaccuracies constitute falsity? And what is the relationship between Rule 3.3 and Rules 4.1 and 8.4(c)?
10:15am – 10:45am
Break
(Commute to Hotel Sax, 333 North Dearborn Street, for joint NOBC/APRL program.)
10:45am– 11:45am
Publishing and Publicizing Disciplinary Proceedings: Good or Bad? (NOBC/APRL Joint Program) — Hotel Sax, 333 North Dearborn Street
Itzel D. Berrio (NOBC), Special Assistant to the Chief Trial Counsel, State Bar of California, San Francisco, CA (moderator)
Nancy J. Watson (NOBC), Assistant Chief Trial Counsel, State Bar of California, Los Angeles, CA
Kathleen O. Beitiks, Web Editor, California Bar Journal, San Francisco, CA
Michael P. Downey (APRL), Hinshaw & Culbertson LLP, St. Louis, MO
Mark I. Harrison (APRL), Osborn Maledon, PA, Phoenix, AZ
The panel, representing bar counsel, bar publishers, and respondents' counsel from “open” and “closed” jurisdictions, will address the implications of print and online publication of complaints, charging documents, and final disciplinary decisions.
11:45am – 12:15pm
Break
(Commute back to Palmer House Hilton for balance of APRL program.)
12:15pm – 1:45pm
Respondent's Counsel Roundtable (including box lunch)
John A. “Jack” Weiss, John A. Weiss, P.A., Tallahassee, FL (moderator)
The traditional roundtable discussion of issues of interest to counsel for respondents in lawyer-disciplinary and similar proceedings.
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ACCOMMODATION INFORMATION
Palmer House Hilton
17 East Monroe Street
Chicago, IL 60603
Tel: 312-726-7500
When you step inside the Palmer House, you enter one of the finest, most service-oriented hotels in the world. Recognized for over a century as a Chicago landmark, the Palmer House is in a class above any hotel built today. Along with the state-of-the-art features, the hotel's historic, turn-of-the-century charm and ambiance have been carefully restored and respectfully preserved. Today, the Palmer House remains “the Chicago hotel the world knows best.”
Amenities include fitness center, indoor pool, shopping arcade, and business center.
— From the hotel's website
Lodging arrangements for APRL's Annual Meeting in Chicago have been made at Palmer House Hilton, 17 East Monroe Street, centrally located in “the Loop,” in close proximity to Chicago's business, shopping, and entertainment districts. The APRL group rate is $199.00 per night, plus tax. For reservations, contact the hotel at 877-865-5321, and request the group code APR Association of Professional Responsibility Lawyers rate. The group is available until the room block is exhausted or June 30, 2009, whichever occurs earlier.
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Download Program Agenda and Accommodation Information (Word document)
Download
Registration Form (Word document)
