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On Demand

Ethics for Transactional Lawyers


Total Credits: 1 including 1 Ethics

Average Rating:
   5
Credit Type:
Legal Ethics
Faculty:
Lenné Espenschied
Course Levels:
Intermediate
Duration:
1:02
License:
Access for 60 day(s) after purchase.



Description

Got ethics?

 

This program will explore ethical issues from a transactional lawyer's perspective.  Using the ABA's Model Rules of Professional conduct as a guide, we'll consider sticky situations that often arise in the course of negotiating and drafting contracts, like these:  
 

  • what is required for "competent" representation?
  • where does zealous representation cross into deception, and is deception ok?  
  • how one-sided should a contract be?
  • what if the opposing party drafts a contract that contains materially incorrect assumptions about the law or facts, but the incorrect assumptions benefit your client?
  • what if the opposing party is represented by counsel, but wants to discuss contract terms directly with you?
  • if you represented the seller in a merger, is the acquiror entitled to access your privileged communications?  
    can you use the metadata in a contract drafted by opposing counsel? 
  • The following ABA Model Rules of Professional Conduct are discussed:  1.1; 1.2; 1.4; 4.1; 4.2; 4.4; and 5.3, and more.

Handouts

Faculty

Lenné Espenschied's Profile

Lenné Espenschied Related seminars and products: 6

Esq.


Lenné Eidson Espenschied practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. Now, she is a national speaker who has trained thousands of lawyers in the U.S. and Canada in the art of legal drafting through continuing legal education seminars for bar associations, law firms, and corporate legal departments. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 2 nd Ed. 2015) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011).

 

After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice in the Atlanta office of Sutherland; she also served as Senior Counsel in the legal department of Bank of America before  opening her own law office. As law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting.


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