Ethics / Professionalism

Ethics, Professionalism, and Substance Abuse: A Cautionary Tale

Synopsis

This course tackles three very important issues facing attorneys in their daily practice: ethics, professionalism and substance abuse.

Did you know that lawyers have the highest rate of substance abuse of any profession in the work force? The daily stress to constantly perform better and do more with less time is a large contributing factor. The first presenter provides helpful steps to finding balance in every aspect of your life in the hopes that you can avoid becoming one of the statistics of substance abuse.

The second section provides a complex set of ethical scenarios that are pertinent in the lawyers' everyday practice and addresses the Ohio Professional Rules of Conduct and how they pertain to the scenarios presented, providing insight as to what lawyers can do to apply these Rules in their everyday practice.
 
Professionalism means going above and beyond the ethical rules, and the last section of this course uses the scenarios presented to delve into how an attorney can aspire to higher levels of professionalism in their practice.



Outline

I. Lawyers and Substance Abuse
   A. The Effects of Stress
   B. The Performance Model
      1. Take Action
      2. Resilience
      3. Equanimity
      4. Mindfulness
      5. Focus
      6. Flexibility and Feedback
      7. Organizing Intelligence
      8. Optimistic Outlook
      9. Commitment and Conviction
   C. Important Takeaways
II. Ethics and Professionalism
   A. Introduction 
   B. Tales of the Ethics Wizard: Part 1
      1. The Quest
      2. The Day Begins
      3. Trouble on the Horizon
      4. Duty of Confidentiality
      5. Truthfulness in Statements to Others
      6. Jurisdictional Issues 
   C. Choice of Law Analysis
   D. Duty of Disclosure
      1. Ohio Rule of Professional Conduct 1.6 Addressed
      2. Ohio Rule of Professional Conduct 4.1 Addressed
      3. Substantive Laws Can Dictate Disclosure
   E. Tales of the Ethics Wizard: Part 2
      1. The Plan
      2. Negotiating the Settlement
      3. Breaking News
      4. Day In Court: Settlement Authority Matter
      5. Day In Court: Failure to Disclose
      6. Day In Court: The Disciplinary Board's Argument
   F. More Ethical Issues
      1. Settlement Authority
      2. Violation of Rule 4.1
      3. Settlement Negotiations
   G. Professionalism: Above and Beyond Ethics
      1. Duty of Honesty
      2. Failure to Disclose Life-Threatening Issue
      3. Interaction Between Professionalism Obligations and Ethical
          Rules
      4. In-House Counsel Perspective and Wrap-up
AfterWords®



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Squire Patton Boggs has come together to combine the strength, influence and resources of Squire Sanders and Patton Boggs

Our global team of over 1500 lawyers across 44 offices in 21 countries is ready to support you – wherever law, business and government interact.

We support private and public sector clients across extensive global practice areas. We also have a preeminent public policy practice with deep-rooted relationships in Washington D.C., Brussels and beyond.





Speakers / Authors:

Photo of Joseph Janesz

Joseph Janesz, PhD, LICDC
Cleveland Clinic 

Joseph Janesz, PhD, is an Associate Staff and Director of the Outpatient Executive and Professional Program at Cleveland Clinic in Cleveland, Ohio. Dr. Janesz has been a Psychotherapist, Clinical Supervisor, lecturer, author, and national consultant for the past 30 years. He began his tenure with Cleveland Clinic in 1981.

Dr. Janesz consults with a wide range of clients in the medical, legal, financial, sports and entertainment fields. He has been a consultant to the National Football League for the past 20 years and a key player in the first NFL Players Assistance Program - the Cleveland Browns "Inner Circle Program." Dr. Janesz has extensive experience in treating impaired professionals.

Dr. Janesz training includes couples and group therapy, performance enhancement and sports psychology, executive coaching, and management and organizational consulting.

Dr. Janesz completed his undergraduate work at The Ohio State University in 1974, his graduate work at Kent State University in 1979, and received his PhD from Kent State University in 1999.

Photo of C. Craig Woods

C. Craig Woods
Squire Patton Boggs

Craig Woods is a partner at Squire Patton Boggs in Columbus, Ohio. Mr. Woods has tried, litigated, arbitrated, mediated or otherwise resolved an unusually wide variety of disputes and other client matters in Ohio and throughout the rest of the United States. He has significant experience in general commercial, director and officer liability, professional liability, product liability, environmental, intellectual property, real estate and personal injury cases. He is also highly experienced in internal corporate investigations, regulatory enforcement actions, professional ethics inquiries and alternative dispute resolution matters.

Mr. Woods currently serves as a practice leader for the firm’s product liability practice and the account manager for the firm’s membership in the DuPont Primary Law Firm Network.

Mr. Woods belongs to several national, state and local bar associations and committees, and he has been appointed as a mediator for the U.S. District Court, Southern District of Ohio. He also serves as Ethics Partner and Loss Prevention Counsel to the firm.

Mr. Woods received his J.D. from the University of Virginia in 1981 and his B.A. from Dartmouth College in 1978.

Photo of Steven A. Delchin

Steven A. Delchin
Squire Patton Boggs

Steven A. Delchin is a senior attorney at Squire Patton Boggs in the Cleveland, Ohio office. He is experienced in general litigation matters and concentrates on securities defense, product liability, intellectual property, legal ethics and professional responsibility, as well as e-discovery and the Internet. He has a special focus on appellate practice.

Mr. Delchin has an active appellate practice and has represented clients before the Supreme Court of Ohio, the U.S. Court of Appeals for the Sixth Circuit and the U.S. Supreme Court. He recently organized and served as chair for an Ohio Appellate CLE seminar held at an annual bar association convention. Mr. Delchin also moderated a judicial panel discussion made up of judges from the Ohio Court of Appeals and the Sixth Circuit Court of Appeals, as well as a justice from the Supreme Court of Ohio.

Mr. Delchin is a member of the firm’s Electronic Data Discovery Task Force, which serves as a resource for assisting lawyers on a full range of e-discovery matters. He has written about the recent spotlight on electronic document retention policies in the age of electronic discovery, and he has lectured on anticipating and preparing for the myriad pitfalls confronting litigators in the digital age.

Mr. Delchin also has significant and extensive experience on personal jurisdiction matters. Mr. Delchin also counsels clients on effective strategies for maintaining legal separateness among related corporations, and he is the co-author of a paper on managing corporate communications.

Mr. Delchin recieved his J.D. from Case Western Reserve University in 1997 and his B.A. from John Carroll University in 1994.

Photo of John S. Larson

John S. Larson
Squire Patton Boggs

John S. Larson is a partner in the Cleveland office of Squire Patton Boggs. His practice encompasses all types of public finance issues including acting as bond counsel in both general obligation and revenue bond and note financings for Ohio school districts, municipalities and counties and serving as underwriters’ counsel for national and regional underwriters of tax-exempt bond issues by Ohio issuers. He also serves as one of Squire Sanders’ ethics partners. He has been listed in The Best Lawyers in America since 2010.

Mr. Larson’s practice encompasses all types of public finance issues including acting as bond counsel in both general obligation and revenue bond and note financings for Ohio school districts, municipalities and counties and serving as underwriters’ counsel for national and regional underwriters of tax-exempt bond issues by Ohio issuers. He also serves as one of Squire Patton Boggs' ethics partners. He has been listed in The Best Lawyers in America since 2010.

Mr. Larson is a member of the American and Ohio State Bar Associations and the National Association of Bond Lawyers.

Mr. Larson received his J.D. from the University of Pennsylvania in 1977, and his A.B., summa cum laude, from Dartmouth in 1974.

Photo of Jill S. Kirila

Jill S. Kirila
Squire Patton Boggs

Jill S. Kirila is a partner in the Columbus office of Squire Patton Boggs. She represents and counsels companies in all aspects of employment and other service provider relationships. She has extensive multistate litigation experience before federal and state courts and administrative agencies and regularly defends employers against all types of discrimination claims such as sex and age harassment, as well as wrongful discharge, benefits and breach of contract claims. 

Ms. Kirila regularly represents companies in wage and hour collective actions and disputes in federal courts, where she utilizes a creative and aggressive early defense approach. She has also handled numerous covenant not to compete and trade secrets matters for clients in numerous industries including technology, retail, manufacturing, healthcare, insurance and other financial services businesses. 

Ms. Kirila advises employers on compliance with state and federal employment and labor laws to assist them in avoiding, or at least minimizing, the risk of litigation. This aspect of her practice includes drafting employment contracts and restrictive covenants, coaching on compliance with wage and hour regulations and investigating complaints of workplace harassment and illegality, including Sarbanes-Oxley Act whistleblower claims. Jill regularly works with clients and the firm’s corporate practitioners on labor and employment matters arising in mergers, acquisitions, restructurings and other business transactions including union and plant-closing and mass layoff law issues. She also is a frequent speaker to employer and other business groups on these compliance issues. 

Ms. Kirila is co-chair of the Squire Patton Boggs eDiscovery & Data Management Team, which serves as a resource for lawyers and clients in matters involving the preservation and discovery of electronic documents. She was named a Rising Star in multiple editions of Ohio Super Lawyers, a distinction that recognizes the top 2.5 percent of Ohio lawyers under the age of 40 or those in practice for 10 years or less. She has also appeared in The Best Lawyers in America since 2012.

Ms. Kirila received her J.D. from Georgetown University in 1997, and her B.A., summa cum laude, Phi Beta Kappa, from The Ohio State University in 1994.

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Price (USD)

Standard Rate: $272.00
Subscribers: FREE
Pillsbury U Online: $272.00

Details

Course Code : 778505

Release Date: 03/03/2014


Length: 2hr 21min
Recorded Date: 12/10/2013


Format Type: Video


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