ETHICS HOT TOPICS

ETHICS HOT TOPICS

Friday, December 6, 2013
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Morning Program

How to Avoid & Handle Fee Disputes:

You've earned it, but can you keep it?

Chairpersons: Morris Rosenberg & Judy Massong

Friday, December 6, 2013
Washington State Convention Center ? Seattle
3.0 Ethics Credits Approved

8:50-9:00?? Welcome & Introduction
Morris H. Rosenberg, Seattle, Seminar Co-chair
Judy Massong, Seattle, Seminar Co-chair

9:00-9:30?? Drafting the Fee Agreement ? Do's and Don'ts
What the fee agreement must and should contain; RPC requirements; Different fee arrangements e.g. contingent, hourly, mixed, etc; what costs can be charged to the client.
Anne Seidel, Seattle

9:30-10:00?? Is Your Fee Reasonable ? Yes, No and Maybe!
When or when not to reduce your fee; RPC and statutory law related to reasonableness of fee; Should you agree to fee reductions? Getting into trouble due to poor client relations as related to fees.
Judy Massong, Seattle

10:00-10:30?? Professionalism ? Handling Fee Disputes with Your Client ?
Are you risking the three "D's ? Disgorgement, Discipline and Damage counterclaims; Special considerations in "doing business" situations; Arbitration, choice of venue and choice of law; Why pigs may get fat but hogs get slaughtered!
Peter R. Jarvis, Portland

10:30-10:45?? BREAK

10:45-11:15?? Avoid the Minefield ? Handling Fee Disputes between Lawyers ?
Dividing a fee: fee sharing, co-counseling and referral fees; Is the discharged prior lawyer entitled to a fee and if so, how is it determined?? Lawyer leaving the firm and taking clients ? what about the fee?
Richard B. Kilpatrick, Bellevue

11:15-11:45?? Fee Awards ? Secure It and Keep It
Increased opportunities for fee shifting: e.g. CPA; IFCA; Olympic Steamship; civil rights litigation; employment litigation; de novo; etc;? Best practices guidelines: Contemporaneous time records; Timely fee application; FF/CL regarding fee awards.
Phil Talmadge, Tukwila

11:45-12:15 ? ?Panel Discussion, Hypotheticals and Q & A with the speakers

Afternoon Program

When the Limelight Comes to You:
(Whether you want it or not)

Having the courage to tell your clients story?within the Ethics Rules

Chairpersons: John Allison & Susan West

Friday, December 6, 2013
Washington State Convention Center ? Seattle
3.0 Ethics Credits Approved

12:20-12:30?? Welcome & Introduction
John Allison, Spokane, Seminar Co-chair
Susan West, Seattle, Seminar Co-chair

12:30-1:30?? When Your Case Goes Viral ? landmines or golden opportunity?
Today?s ?media? includes Facebook, Twitter, and instant commenting by thousands of potential ?contributors? worldwide ? readers of websites who can quickly spread the news about your case, whether you like it or not.? What does the attorney do when it all starts to unfold before your very eyes?? And in regular practice, who does the use of social media comport with the RPC?s regulating public comments about your case, and marketing of your services?? We will survey the traditional rules and discuss the brave/dangerous new world we are all being thrown into.

1:30-2:15?? Lessons from the Spotlight ? the view from both sides of the fence ?
A panel of prominent journalists and WSAJ members who?ve managed high-profile cases will talk about what works and what fails in the relationship between lawyer and reporter.? Too many attorneys default to the ?no comment? response when they get a call from a reporter.? Are they helping their client?? Or hurting the cause of justice?

2:15-2:30?? BREAK

2:30-3:45?? "You are Live at Five!" ? a live media ambush
What do you say when a reporter knocks on your door or catches you outside the courtroom??? Thinking on your feet, and avoiding an ethical disaster.? We?ll put a few attorneys through the process and review the video on the spot.? You?ll come away with some new tools for telling your client?s story the right way.

Speakers include:

John Allison, Eymann Allison Hunter Jones, Spokane
Jonathan Martin, Seattle Times, Seattle
Michael Pfau, Pfau Cochran Vertetis Amala, Seattle
Susannah Frame, KING TV, Seattle
Susan West, WSAJ Associate Director of Communications, Seattle
Lincoln Beauregard, Tacoma
Sue Evans, Northwest Media Allies, Puyallup

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