Legal Ethics Compliance for In-House Counsel

This 4-hour on-demand video course with 81 pages of written materials and numerous supplemental documents covers virtually every legal ethics issue in-house counsel need to know to serve their corporate, government, or non-profit organizational client and avoid ethics missteps that can result in disciplinary actions and malpractice claims. Approved by the Washington State Bar Association for 4 ethics credits.

Special Challenges In-House

This course explains five ways in which in-house work can be more challenging under the rules of professional responsibility.

Hidden Ethics Traps

The course identifies numerous legal ethics traps lurking in-house and provides practical suggestions for spotting and avoiding them.

Focus and Clarity

The unique aspects and demands of in-house practice require in-house counsel to focus on and understand their legal ethics obligations. This course helps to provide that focus and clarity.

About the course

The course will cover the following topics and issues: Five Defining Characteristics of In-House Roles The Organizational Client and its “Constituents” Role Clarification Among Constituents Confidentiality Challenges In-House Preserving Attorney-Client Privilege In-House “Reporting Up” to Protect the Client from Wrongdoing Fiduciary Duties of Officers and Directors Other Legal Obligations of In-House Constituents Regulatory Compliance Obligations and In-House Counsel Voluntary Reporting Up and Tactics to Avoid the Need to Do So Reporting Up Futility and Malpractice Risk Reporting Out - Disclosing Client Confidences to Prevent Criminal Conduct Deference to the Client re Scope and Manner of Representation Dual Representation Reconciling the Roles of Counsel and Business Partner Competence, Diligence and Communication Limiting the Scope of Representation to Ensure Competency and Diligence Criminal or Fraudulent Conduct In-house Counsel’s Gatekeeper Role Protecting Client Confidences Internal Investigations Exceptions to the Prohibition on Disclosure Conflicts of Interest “Direct” Conflicts versus “Material Limitation” Conflicts Consentable versus Non-Consentable Conflicts Direct Conflict Scenarios In-House Prohibited Personal Relations Conflicts with Former Employers Truthfulness in Statements to Others Misrepresentation and Statements of Fact Avoiding Assisting Criminal or Fraudulent Acts Communications with Persons Represented by Counsel Dealing with Unrepresented Persons Responsibilities of Supervisory Lawyers Law Department as Law Firm Multi-jurisdictional Practice and the Unauthorized Practice of Law Special MJP Rules and Licenses for In-House Counsel Professional Misconduct

Instructor - Paul A. Swegle

Paul Swegle has served as in-house counsel to more than 40 companies since first going in-house in 1996. He is currently in-house Chief Legal Officer or General Counsel to nine companies. Paul has written and given presentations on ethics issues for in-house counsel for many years and is currently an adjunct professor at both Seattle University School of Law and at Gonzaga University School of Law. Paul has served on the Washington State Bar Association Board of Governors and is currently Chair of the Securities Law Committee of the Business Law Section of the WSBA.