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English arrow For Law Firms arrow Professional Development arrow Ethics: Avoiding a Breach of Fiduciary Duty

Ethics: Avoiding a Breach of Fiduciary Duty

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Price: $50.00 -
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Course #: ENET0000R


Among the reasons given for cannibalism among the many species that practice it is that it is “geared towards survival of animal groups, rather than the survival of each individual.”  Jonathan Wright, Animals that Kill their Young (visited May 21, 2007) <http://en.allexperts.com/q/wild-animals-705/Animals-Kill-Young.htm>.



So it seems in the legal profession as lawyers sue their own and sue other professionals in situations ranging from defaulted loans to insurance defense.  Perhaps this is the new tort frontier since the causes of action that seem to be catching on with courts are not the traditional malpractice claims, but are increasingly the claims for breach of fiduciary duty or even misrepresentation.  Having bad clients, succumbing to client pressure and a healthy dose of greed all seem to play a part.


Ethical issues can arise even before an attorney-client relationship is formed. They are magnified in co-counsel or court-appointed situations, especially where the client may be insolvent or where the client is a lending group.


Hear what the standards are for various professionals and how courts have recently dealt with claims that ethical lines have been crossed in ways that are fundamental and subtle.


Key Topics:

  • What standards apply to accountants, consultants, auctioneers and others?
  • Who is your client and when does the relationship begin?
  • What are the responsibilities of the professionals in a co-counsel situation?
  • When does a duty to others override a duty to a client?



  • Outline reviewing recent case law.
  • Powerpoint with highlights of issues and a review of professional standards for non-lawyers.
  • Recording
Recorded: 11/21/2007


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