Instructor(s): Claude Ducloux
Claude E. Ducloux, Board-Certified in both Civil Trial Law and Civil Appellate Law, by the Texas Board of Legal Specialization, (and also licensed in CA and CO) and former Chair of the Texas Center for Legal Ethics will present a 60 minute power point covering:
- A discussion of the Ethics Rules, including relevant Texas, Calif., Oregon and Mo. Rules, as well as the ABA Model Rules on the elements of an ethical Attorney Fee Contract (PA Rules 1.2, 1.5, NJ Rules 1.2 and 1.5; MD Rule 19-301.5);
- Additional information on the use of Privacy Policies as required by Fed. law;
- The effective use of file destruction policies, subject to the ethical duty to review client materials and safely dispose, destroy or shred appropriately retired files;
- Conflicts of Interest between clients, including ABA Ethics Opinions, Pa, Rules 1.7, 1.8, 1.9; MD Rules 19-301.7; 301.8; NJ Rule 1.7, 1.8, and 1.9 among others;
- Appropriate and inappropriate ways of referring cases; MD Rule 301.5; PA Rule 1.5 (e); Tx Rule 1.04; Calif. Rule 2-200; NJ Rule 1.5 (e).
- interviewing skills to correctly document the attorney relationship and avoid conflicts;
- Appropriate and inappropriate use of a lawyer trust account; MD Rule19-301.9; PA rule 1.15 [Safekeeping property]; NJ Rue 1.15; TX Rule 1.14, Calif. Rule 4-100; Mo. Rule 1.15
- Required communications between lawyer and client under the Rules; PA & NJ Rule 1.4;
- The appropriate rules for obtaining knowing waivers of conflicts; PA Rule 1.7; NJ Rules 1.7, 1.8; TX Rule 1.08; Calif. Rule 3-300; MD Rule 19.3018; Mo. Rule 1.8(a) and (i);
- Conflicts when the Lawyer represents an organization; PA and NJ Rules 1.13; Texas Rule 1.12;
- Duties to former Clients, MD Rule 19-301.9; PA and NJ Rule 1.9;
- Legal requirements of sharing fees; NJ Rule 1.5(e); TX Rule 1.04; Mo. Rule 1.5(e)
- General accepted principles of competent office management and employee training.
- Budgeting your practice for Success
This will be via a PowerPoint presentation, which will be made available to the participants. Presenter will answer questions, and provide followup to audience following the presentation.
Claude E. Ducloux has been licensed in Texas since 1977, and has also been licensed in California (1978) and Colorado (2003). In 2011, he won the highest statewide award from the State Bar of Texas for lifetime contribution to CLE (the “Gene Cavin Award”), and has spoken in more than 300 programs in throughout the U.S., since Jan 1, 2016, where attendees regularly rate his presentations very highly. Mr. Ducloux has a long legacy of bar service, including being President of the Austin Bar Association, and serving as Chair of almost every major Bar-related entity, including the Board of Legal Specialization, as well as the Texas Bar Foundation. He currently serves on the Texas Supreme Court Committee on Disciplinary Rules. His resume is attached.