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Information
How to Avoid Conflict of Interest Malpractice Missteps
Length: 01:00
This CLE program will begin with a brief review of the specific conflict rules from the Rules of Professional Conduct. From there, Mark will challenge the typical excuses for not maintaining a formal conflict checking system and detail the key components of an effective conflict checking process. The program will conclude with a discussion of common conflict missteps that lawyers make coupled with practical advice on how to avoid these missteps.
Draft Outline of CLE Presentation:
- It Starts with the Rules
- The Sales Pitch
- The Conflicts Checking Process
- Conflicts of Interest and Attorney Accountability
- Avoiding Common Conflict of Interest Traps
A Sampling of Attendee Takeaways:
- An awareness of the importance of a formal conflict resolution process.
- An understanding of the dos and don’ts when taking on multiple client representation.
- Detailed knowledge of the types of information that should be tracked in a comprehensive conflict database.
- Knowing the value of periodically reminding oneself who the client is.
Mark Bassingthwaighte, Esq, Risk Manager, ALPS
Since 1998, Mark Bassingthwaighte, Esq., has been a Risk Manager with ALPS, the nation’s largest direct writer of lawyers’ malpractice insurance. In his tenure with our company, Mr. Bassingthwaighte has conducted over 1200 law firm risk management assessment visits, presented over 600 continuing legal education seminars throughout the United States, and written extensively on risk management, ethics, and technology. Mr. Bassingthwaighte is a member of the State Bar of Montana as well as the American Bar Association where he currently sits on the ABA Center for Professional Responsibility’s Conference Planning Committee. He received his J.D. from Drake University Law School.
