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    Course Information

5535  Lawyers Following Orders: Ethical Pitfalls and Practical Advice


No cost or obligation  
Course Length    80  minutes
Course Price    $ 119.00

Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.

    Accreditation Information


Click on jurisdiction below for more details.
>>  1.00  credit    PA
>>  1.25  credits    AK  AZ  CA  IL  NC  OH  TX  WA
>>  1.30  credits    DE  NH
>>  1.50  credits    CO  NJ  RI  WV

    About the Instructor(s)



 
David Keyko

Pillsbury Winthrop Shaw Pittman LLP

David G. Keyko is a partner in the New York office of Pillsbury Winthrop Shaw Pittman LLP. His practice focuses on major, complex litigation, often involving multiple parties. He has handled cases involving allegations of securities and other types of fraud, antitrust violations, ethics issues, and trusts and estates issues, as well as representing clients responding to government probes. He has also served as an expert witness in connection with legal malpractice litigation. Among the prominent cases Mr. Keyko has handled was the representation of of the primary claimant to a $1.5 billion estate in lawsuits filed in several jurisdictions.

Mr. Keyko has lectured and written widely on securities, antitrust, legal ethics and general litigation topics. He is a regular columnist for the New York Law Journal and he has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal and Metropolitan Corporate Counsel, on whose advisory board Mr. Keyko has served.

Mr. Keyko has undertaken a variety of pro bono projects and served as chairman of the board of MFY Legal Services, Inc. and just completed his term as a member of the Departmental Disciplinary Committee of the First Department. He is chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York. He chaired the ad hoc committee of the association that commented on proposed SEC regulations under Section 307 of the Sarbanes-Oxley Act of 2002. He is a former member of the association’s Professional and Judicial Ethics Committee.

Mr. Keyko is a member of Pillsbury’s Sarbanes-Oxley Committee, Opinions Committee and Professional Responsibility Committee.

In 1974, Mr. Keyko graduated magna cum laude from Yale University with a B.A. In 1977, he earned his law degree cum laude from New York University School of Law, where he was a member of Order of the Coif and articles editor for the Annual Survey of American Law.

Mr. Keyko is admitted to practice in New York and before a number of federal district courts in New York and Connecticut. He is also admitted to practice before the U.S. Courts of Appeals for the Second and Fifth Circuits and the U.S. Supreme Court.



    Outline + Synopsis

Outline Synopsis
Lawyers Following Orders: Ethical Pitfalls and Practical Advice
    Introduction
        A. Ethics Rules for Subordinate and Supervisory Attorneys
    II. Experiments in Following Orders
        A. The Milgram Experiment
            1. Milgram Experiment Described
            2. Milgram Experiment Video Clip
        B. The Santa Clara Experiment
        C. Factors Influencing the Following of Orders
    III. Law Firm Scenarios
        A. Scenario Introduction
        B. Document Review and Production: Partners Behaving Badly
            1. Scene 1: Associates Discuss Their Work
            2. Document Production Issue
            3. Returning Documents
            4. Scene 2: Telling the Partners
            5. Creating Work Product
            6. Missing Documents
            7. Associate’s Responsibility
        C. The Big Deal: Everyone Behaving Badly
            1. Scene 1: The Upcoming Closing
            2. Diligence on Representations
            3. Scene 2: Dave’s Save
            4. Failing to Black-Line
            5. Credibility in Negotiations
            6. Pointing Out an Error
        D. The Big Deal: Everyone Behaving Badly
            1. Scene: Defendant Behaves Badly and Counsel Is Stymied
            2. Preventing Fraud
            3. Lawyers Are Watchdogs
    AfterWords®
    How to Obtain a Certificate


“I was just following orders” is the oft-heard explanation cited by defendants ranging from former German soldiers accused of murder and torture in World War II to corporate underlings and junior lawyers caught up in frauds and scandals. While most people claim they would never follow orders to do something they considered blatantly wrong, both history and social experiments have shown that under the right circumstances, many people will indeed do just that. Learn why “doing the right thing” as a lawyer can be harder than you might think, and learn how to recognize and overcome factors that might influence you to follow orders against your better judgment through a series of vignettes that illustrate some common ethical challenges that subordinate lawyers may face. The discussion covers relevant case law and the applicable ethics rules.




    Content Provided By

  With influence and presence on both U.S. coasts and abroad, Pillsbury Winthrop Shaw Pittman LLP enjoys an expansive international platform. The firm has 14 offices in global centers for capital markets, energy and technology and provides its clients with the strength of this reach and a commitment to cross-border service and responsiveness. Pillsbury is a leader in its core areas of focus: capital markets and finance, energy, global sourcing, litigation, real estate, technology, life sciences, and communications.



    Purchase course

5535  Lawyers Following Orders: Ethical Pitfalls and Practical Advice

Course Price     $ 119.00


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