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Common Ethical Issues in Criminal Practice 2020

Product ID: CA3049W
Presented By: State Bar of Wisconsin PINNACLE

Duty to understand

A.B.A. Formal Opinion 92-367: "[a]s a general matter examining one's own client as an adverse witness on behalf of another client, is likely (1) to pit the duty of loyalty to each client against the duty of loyalty to the other; (2) to risk breaching the duty of confidentiality to the client-witness; and (3) to present a tension between the lawyer's own pecuniary interest in continued employment by the client-witness and the lawyer's ability to effectively represent the litigation client."

All attorneys owe their clients duty of loyalty, duty of care, and duty of confidentiality. Criminal law practitioners, in particular, can face thorny ethical conundrums as they try to navigate conflicts without violating their ethical duties.

In Common Ethical Issues in Criminal Practice, retired UW Law Professor Ben Kempinen and State Bar Ethics Counsel Timothy J. Pierce will explore situations affecting criminal practitioners on both sides of the aisle such as:

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Pricing

Member $109.00

Non-Member $159.00

Credits

1.5 CLE, 1.5 EPR

Date and Time

Thursday, May 07, 202012:00 PM - 1:30 PM CT

Add to Calendar 5/7/2020 12:00:00 PM 5/7/2020 1:30:00 PM America/Chicago Common Ethical Issues in Criminal Practice 2020

Duty to understand

A.B.A. Formal Opinion 92-367: "[a]s a general matter examining one's own client as an adverse witness on behalf of another client, is likely (1) to pit the duty of loyalty to each client against the duty of loyalty to the other; (2) to risk breaching the duty of confidentiality to the client-witness; and (3) to present a tension between the lawyer's own pecuniary interest in continued employment by the client-witness and the lawyer's ability to effectively represent the litigation client."

All attorneys owe their clients duty of loyalty, duty of care, and duty of confidentiality. Criminal law practitioners, in particular, can face thorny ethical conundrums as they try to navigate conflicts without violating their ethical duties.

In Common Ethical Issues in Criminal Practice, retired UW Law Professor Ben Kempinen and State Bar Ethics Counsel Timothy J. Pierce will explore situations affecting criminal practitioners on both sides of the aisle such as:

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Duty to understand

A.B.A. Formal Opinion 92-367: "[a]s a general matter examining one's own client as an adverse witness on behalf of another client, is likely (1) to pit the duty of loyalty to each client against the duty of loyalty to the other; (2) to risk breaching the duty of confidentiality to the client-witness; and (3) to present a tension between the lawyer's own pecuniary interest in continued employment by the client-witness and the lawyer's ability to effectively represent the litigation client."

All attorneys owe their clients duty of loyalty, duty of care, and duty of confidentiality. Criminal law practitioners, in particular, can face thorny ethical conundrums as they try to navigate conflicts without violating their ethical duties.

In Common Ethical Issues in Criminal Practice, retired UW Law Professor Ben Kempinen and State Bar Ethics Counsel Timothy J. Pierce will explore situations affecting criminal practitioners on both sides of the aisle such as:

Read More ↓

Professor Ben Kempinen is a Distinguished Professor Emeritus at the University of Wisconsin Law School, where he taught from 1976 until his retirement in January 2018. In addition to teaching the first-year criminal law curriculum and a number of related courses, Prof. Kempinen was involved in several of the Law School's clinical programs, including serving as interim director of the Legal Defense Project; working as a supervising attorney in the Frank J. Remington Center's Legal Assistance to Institutionalized Persons Project (LAIP); and, from 1990 until his retirement, acting as director of the Remington Center's Prosecution Project.

Prof. Kempinen has also been involved in both trial and appellate litigation in the criminal law area, has taught at the National Institute of Trial Advocacy, has participated in a variety of conferences and continuing legal education programs during the past two decades, and served on the Wisconsin Supreme Court Ethics 2000 Committee. He is currently the Chair of the State Bar's Professional Ethics Committee.

Timothy J. Pierce has been Ethics Counsel for the State Bar of Wisconsin since 2004. He received his undergraduate degree from the University of Wisconsin–Madison and his law degree from the University of Wisconsin Law School. He is a member of the State Bar of Wisconsin and is a frequent speaker on matters of professional ethics. He also teaches Professional Responsibility at the University of Wisconsin Law School.

Previously, Mr. Pierce was employed as a Deputy Director at the Office of Lawyer Regulation, an Ethics Administrator for Milbank, Hadley, Tweed & McCloy, in New York, and an Assistant State Public Defender in Racine.

  • Be aware of common ethical dilemmas in criminal practice
  • Recognize conflicts of interest and know your options for responding
  • Learn how to navigate tricky ethical issues without violating your ethical duties
  • Criminal law practitioners
  • General practitioners
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