The Hotline: An ALPS Ethics and Professionalism Program

The Hotline: An ALPS Ethics and Professionalism Program

March 22, 2019 | 9:00 a.m. – 12:15 p.m.

3.0 Ethics CLE Credits – CLE #2019-311

Registration fee: FREE

Registration for Non-Bar Members: $95

Dena’ina Civic and Convention Center

Moderated by: Mark Bassingthwaighte, Esq., Risk Manager with ALPS

Panel Members: Nelson Page, Bar Counsel and Maria Bahr, State Ethics Attorney

Biography:

Since 1998, Mark Bassingthwaighte, Esq. has been a Risk Manager with ALPS, an attorney’s professional liability insurance carrier. In his tenure with the company, Mr. Bassingthwaighte has conducted over 1200 law firm risk management assessment visits, presented over 450 continuing legal education seminars throughout the United States, and written extensively on risk management, ethics, and technology. Mr. Bassingthwaighte is a member of the State Bar of Montana as well as the American Bar Association where he currently sits on the ABA Center for Professional Responsibility’s Conference Planning Committee. He received his J.D. from Drake University Law School.

Program Description:

                “The Hotline” is an educational seminar designed to shed light on ethical issues that many attorneys face daily.  Although the vignettes may be presented as taking place outside your jurisdiction, we will apply the Rules of Professional Conduct of your jurisdiction to the analysis of the issues presented. 

                This program is designed to be somewhat interactive.  After viewing a series of video vignettes, a panel will discuss a series of questions that address the issues raised in each vignette.  During the panel discussions, attendees will be encouraged to ask questions and share comments. 

                The intent is to emphasize that attorneys should take time to reflect upon ethical issues and what it means to be a professional on a more frequent basis.  Ultimately, the desire is to have attendees leave the program with a greater sensitivity of the many ethical issues that can be in play any day of the week, be better prepared to view these issues as learning opportunities, and be more willing to take advantage of these opportunities in order to see that the issues are responsibly addressed and resolved.

Program Summary:

                In Vignette One, we’ll listen in to the first segment of a talk show called “The Hotline.”  Topics raised in this vignette include the duties that arise when a lawyer acts as an escrow agent, the duties that arise when a lawyer holds settlement funds, rogue clients, and the tension between a lawyer’s duty to maintain client confidences and a court’s need for sufficient information upon which to rule on a motion to withdraw.

                In Vignette Two, we’ll watch the second segment of “The Hotline” talk show.  Topics presented in this vignette include the obligations that arise upon discovery that a firm attorney has been fraudulently billing clients, the circumstances RPC 1.6’s phrase “to prevent reasonably certain death or substantial bodily harm” is intended to cover, the application of the RPCs to artificial intelligence, the use of text message advertising services, and using text messaging as a client communication tool.

                Finally, in Vignette Three, we’ll watch the final segment of “The Hotline.”  In this segment the topics raised include exploring the “generally known” exception set forth in RPC 1.9, conflict issues that arise in multiple client representation, responding to a malpractice claim, and ransomware prevention.

A Sampling of Attendee Takeaways:

• Ethical clarity on how to deal with clients who go rogue.
• Identification of proactive steps lawyers can take to prevent and/or recover from a ransomware attack.
• Identification of the pros and cons of using text messaging as a client communication tool.
• Guidance on handling settlement funds.