Pillsbury Retired Courses

You Want Me To Do What? How to Handle Ethical Quandaries


Can you identify the ethics issues that arise in your everyday practice? And once you do identify an issue, do you know the ethical way to handle it? In this extensive series of well-presented vignettes, Pillsbury Winthrop attorney David Keyko challenges you to identify the various ethical issues raised in each of the scenarios and then discusses each issue individually, citing the Model Rules of Professional Conduct, as well as various state ethic's opinions and specific state rules, and provides recent case studies to lend support to his discussion. Take the challenge and see if you can spot all the ethical issues that can arise in your everyday practice.


I. Handling Ethical Issues
   A. Let's Warm Up
   B. Scene One
     1. The Therapy Starts
     2. Confidentiality Obligations to Clients
     3. Inadvertent Disclosure
     4. Removal and Review of Metadata
     5. Subordinate Lawyer Following Orders
   C. Scene Two
     1. The Saga Continues
     2. Duty to Disclose Mistakes
     3. Duty to Report Misconduct
     4. Assisting Clients in Communications With Other Parties
     5. Drafting Scripts and Misleading Other Parties 
   D. Scene Three
     1. A Tough Client
     2. Allocation of Responsibility and Communicating With Other
   E. Scene Four
     1. Back at Therapy
     2. Sharing Information Between Clients and Referring Work to 
     3. Duty to Cite Controlling Authority
     4. Duty to Correct Misstatements of Co-Counsel
     5. "Friending" Parties Involved in Litigation
     6. Representing Potential Witnesses
     7. Communications With Unrepresented Third Parties
   F. Scene Five
     1. The Therapy Doesn't Seem to Be Working
     2. Tape Recording and Eavesdropping 
   G. Scene Six
     1. What Were They Thinking?
     2. Additional Ethical Issues

Content Provided

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.

Learning Objectives:

Speaker / Author:

Photo of David G. Keyko, Esq.

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. 

Mr. Keyko was recently named the "New York City Best Lawyers Ethics and Professional Responsibility Law Lawyer of the Year" for 2012. He has lectured and written widely on securities, antitrust, legal ethics and general litigation topics. He is a former columnist for the New York Law Journal and 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 served. He also is the past Chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York.

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.

Price (USD)

Standard Rate: $149.00
Subscribers: FREE
Pillsbury U Online: FREE
Metro State Univ: $149.00


Course Code : 775707

Length : 1hr 24min
Recorded Date : 1/24/2013

Format Type : eLearning

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