January 2013
By Kathryn Alfisi
Courses Explore Lawyers’ Ethics Issues in Various Work Settings
In January the D.C. Bar Continuing Legal Education (CLE) Program will hold several courses examining specific ethics issues for attorneys working in corporations, the federal government, or lobbying firms.
“Leaving Government Employment: Ethics Issues for Attorneys” on January 9 will address important ethics concerns and potential pitfalls for lawyers leaving federal government employment for the private or nonprofit sector.
Government postemployment restrictions do not always coincide with the Bar’s ethics rules and carry criminal penalties if violated. Even attorneys who are not planning to leave government work will benefit from a clear understanding of post–government employment ethics issues, including matters they may be permanently barred from working on after leaving federal service.
This course will cover topics ranging from potential conflicts of interest that must be considered during and after the employment search process to rules on confidentiality and contact with one’s former government employer. Participants will walk away from this course with a better grasp of both the ethical standards in the applicable D.C. Rules of Professional Conduct and any relevant statutory requirements. This course also will alert attendees to post-government employment issues on fee sharing, the Obama Ethics Pledge, and other matters dealing with employment transitions.
Attorney Peggy Love and Thomas B. Mason, a partner at Zuckerman Spaeder LLP, will serve as faculty.
The course takes place from 5:30 to 7:45 p.m. and is cosponsored by the D.C. Bar Administrative Law and Agency Practice Section; Corporation, Finance and Securities Law Section; Courts, Lawyers and the Administration of Justice Section; Criminal Law and Individual Rights Section; Environment, Energy and Natural Resources Section; Government Contracts and Litigation Section; Labor and Employment Law Section; Law Practice Management Section; Litigation Section; and Real Estate, Housing and Land Use Section.
On January 16 the course “Ethics Issues Facing Corporate Counsel” will focus on the unique ethics issues facing corporate counsel, including conflicts of interest, confidentiality, corporate wrongdoing, and compliance with the Sarbanes–Oxley Act requirements.
Faculty expert Thomas E. Spahn, a partner at McGuireWoods LLP, will use hypotheticals to explore issues such as the dangers of not properly identifying one’s exact client within the corporate entity, what to do when one of the client’s affiliates disagrees with another affiliate, and who owns the attorney–client relationship after the company a lawyer represents sells its stock or assets.
Spahn also will discuss how to handle requests for privileged documents from employees and former employees of the company the attorney represents; a lawyer’s ethical duties upon learning of wrongdoing by his or her company contact; the risks of disclosing protected communications to consultants, outside auditors, or the government; and reviewing metadata of electronic documents received from an adversary. D.C. Bar legal ethics counsel also will be present to highlight specific D.C. ethics issues and dilemmas.
The course takes place from 6 to 8:15 p.m. and is cosponsored by all sections of the D.C. Bar.
On January 31 the CLE Program will explain how the D.C. Rules of Professional Conduct apply to lawyers who lobby in the course “For Lawyers Who Lobby (and Their Firms): Legal Ethics and Unauthorized Practice Update.”
The applicability of conflict of interest rules, confidentiality, and other ethics considerations are particularly thorny issues. Opinions by the District of Columbia Court of Appeals Committee on Unauthorized Practice of Law and the D.C. Bar Legal Ethics Committee have addressed the application of these ethics provisions to lawyers involved in lobbying, and this course will help D.C. lawyers and law firms understand the implications of those decisions.
Led by Arthur D. Burger of Jackson & Campbell, P.C. and Albert W. Turnbull of Hogan Lovells, the course will address questions such as when is lobbying governed by the ethics rules, what are the ethical implications for law firms with nonlawyers engaged in lobbying, what issues arise for law firms that lobby and have law offices in different jurisdictions, and how do conflict of interest ethics rules apply to lobbying matters.
Faculty also will discuss nonwaivable, personal, and other conflicts of interest that come up in the lobbying context; lobbying and the rules preventing contact with represented parties; confidentiality and attorney–client privilege in the lobbying context; and advance waivers and lobbying.
The course takes place from 6 to 8:15 p.m. and is cosponsored by the D.C. Bar Administrative Law and Agency Practice Section; Corporation, Finance and Securities Law Section; Environment, Energy and Natural Resources Section; Government Contracts and Litigation Section; Labor and Employment Law Section; and Law Practice Management Section.
All courses will be held at the D.C. Bar Conference Center, 1101 K Street NW, first floor. For more information, contact the CLE Office at 202-626-3488 or visit www.dcbar.org/cle.
Public Service Career Fair Brings Together Law Students, Employers
On February 1 area law students and employers will get together once again for the annual Washington, D.C./Baltimore Public Service Career Fair, which gives participants an opportunity to discuss local public interest and government job opportunities.
Participating organizations and agencies will hold individual interviews, conduct table talk sessions, and accept résumés. Last year’s fair brought nearly 100 employers and more than 300 students together.
The event takes place from 9 a.m. to 5 p.m. at George Mason University School of Law, 3301 Fairfax Drive, Arlington, Virginia. It is sponsored by American University Washington College of Law, Federal Bar Association, George Mason Law, Howard University School of Law, The Catholic University of America Columbus School of Law, University of Baltimore School of Law, University of the District of Columbia David A. Clarke School of Law, and University of Maryland Francis King Carey School of Law.
For more information, contact the Public Service Career Fair coordinator at 703-993-9781 or jcraig10@gmu.edu, or visit www.law.gmu.edu/career/employerservices/job_fair.
D.C. Bar Administrative Law Section Holds Annual Review
On January 10 the D.C. Bar Administrative Law and Agency Practice Section will hold a luncheon program to discuss the significant developments in administrative law over the past year.
The administrative law annual review will cover topics drawn from decisions of the U.S. Supreme Court and the federal courts and federal agencies, as well as from proposed congressional legislation.
Law professors Lisa Heinzerling of Georgetown University Law Center, Jonathan R. Siegel of The George Washington University Law School, and Jeffrey S. Lubbers of American University Washington College of Law will serve as faculty.
The program takes place from 12 to 2 p.m. at the D.C. Bar Conference Center, 1101 K Street NW, first floor.
For more information, contact the D.C. Bar Sections Office at 202-626-3463 or sections@dcbar.org.
Save the Date!
The Superior Court of the District of Columbia and the D.C. Bar Litigation Section will present the 14th Annual Youth Law Fair on March 9 at the H. Carl Moultrie Courthouse, 500 Indiana Avenue NW. This free, educational event brings together students, lawyers, judges, educators, and community leaders to explore issues facing students in the Washington metropolitan area. For information, contact the D.C. Bar Sections Office at 202-626-3455 or outreach@dcbar.org.
The Washington Metropolitan Area Corporate Counsel Association will hold its signature luncheon and annual meeting on January 15, featuring Lauren Stevens, an in-house lawyer who offers a cautionary tale, as guest speaker. For more information, visit www.wmacca.com.
The Hispanic Bar Association of the District of Columbia will elect new officers and board members during its 2013 Annual Meeting and Elections on January 24 at the St. Gregory Luxury Hotel & Suites, 2033 M Street NW. For more information, visit www.hbadc.org.
CLE Courses Cover Dodd–Frank Act, Financial Accounting Basics
The D.C. Bar Continuing Legal Education (CLE) Program is offering two finance law courses in January.
The new three–part series “Introduction to Bank Regulatory Law Series II: Bank Closings and Receiverships, Consumer Protection, and Implications of Dodd–Frank for Banking Organizations” is a practical introduction to the important basic aspects of bank regulatory law not covered in the initial series. It is designed for attorneys new to banking regulation, as well as for those looking for a refresher course in light of the momentous changes to the regulation of the financial industry.
Part one, “Bank Supervision, Closings, Receiverships, and Enforcement,” on January 10 will begin with an examination of the grounds and procedures for closing a bank or savings association, followed by an introduction to the laws and procedures governing receiverships. Faculty will provide a short, practical introduction to bank supervision, including issues such as bank reporting and the examination process. This session also will cover Bank Secrecy Act basics and will provide an overview of enforcement laws and procedures applicable to depository institutions and “institution–affiliated parties.”
Part two, “Consumer Protection Banking Laws,” on January 17 will open with an explanation of the various regulators with authority over the consumer activities of depository institutions. Participants will receive a primer on the major consumer laws affecting bank lending activities such as the Community Reinvestment Act, the Truth in Lending Act, the Real Estate Settlement Procedures Act, fair lending laws and the Equal Credit Opportunity Act, and unfair and deceptive practices laws. Other consumer laws affecting banking and current hot topics also will be discussed during this course.
Part three, “Implications of Dodd–Frank for Banking Organizations,” on January 24 will review the heightened prudential standards and supervisory requirements that the Dodd–Frank Act imposes on large banking organizations, as well as on nonbank financial companies designated as systemic by the Financial Stability Oversight Council. Attendees will learn about the Volcker Rule prohibitions, the scope of the rule’s application, and available exemptions. Faculty also will discuss other significant reforms, such as derivatives push–out, that have significant impact on banking organizations.
The series takes place from 6 to 9:15 p.m. and is cosponsored by the D.C. Bar Administrative Law and Agency Practice Section and Corporation, Finance and Securities Law Section.
Faculty includes Martha Vestal Clarke, counsel at the Office of the Comptroller of the Currency, and Andrea Tokheim, special counsel at Sullivan & Cromwell LLP.
On January 23 the CLE Program’s “Financial Accounting Basics for Lawyers” will teach attorneys the basics of reading financial statements.
This course offers a primer on the three types of financial statements: income statement, balance sheet, and statement of cash flows. Faculty will discuss the different components of each financial statement and how they are interrelated, as well as cover a variety of technical accounting matters that participants may encounter in their practice. This course is designed for attorneys with little or no formal accounting background.
Attorney Felicia C. Battista and David J. Piper of Deloitte Financial Advisory Services LLP will serve as faculty.
The course takes place from 6 to 8:45 p.m. and is cosponsored by the D.C. Bar Corporation, Finance and Securities Law Section; Courts, Lawyers and the Administration of Justice Section; Criminal Law and Individual Rights Section; Estates, Trusts and Probate Law Section; Family Law Section; Government Contracts and Litigation Section; Health Law Section; Labor and Employment Law Section; Law Practice Management Section; Litigation Section; and Taxation Section.
Both courses will be held at the D.C. Bar Conference Center, 1101 K Street NW, first floor. For more information, contact the CLE Office at 202-626-3488 or visit www.dcbar.org/cle.
Meditation Session Underscores Daily Life Benefits for Lawyers
On January 7 the D.C. Bar Sections and the D.C. Bar Lawyer Assistance Program will host a mindfulness meditation session for lawyers.
“Introducing Lawyers to the Power and Serenity Meditation” will provide participants with the fundamentals of mindfulness meditation. Attendees will learn about some of the recent research on the benefits of meditation in daily life and will go through a guided meditation session led by Hugh Byrne, a senior teacher with the Insight Meditation Community of Washington.
The session takes place from 5:30 to 7:30 p.m. and will be held at the D.C. Bar Conference Center, 1101 K Street NW, first floor.
For more information or to register, visit www.dcbar.org/for_lawyers/events.
Reach D.C. Bar staff writer Kathryn Alfisi at kalfisi@dcbar.org.
