Ethical Considerations in Drafting Contracts
What You Will Learn
- This encore CLE program will address intentional misrepresentations; failure to disclose modification of documents; incorrect citations of law; and where your duty to disclose the overall effect of changes requested by an opposing party begins and ends. Hear a full explanation of the principle of mutual error, and whether an integration clause may be used to block the right to reform the contract. What rules govern dealing with communications to an unrepresented party? When do heated negotiations cross the line between fact and fraud? Featured speaker, Claude Ducloux will review all of these issues, and provide you with practice strategies to manage all these situations.
What You Will Learn
- This encore CLE program will address intentional misrepresentations; failure to disclose modification of documents; incorrect citations of law; and where your duty to disclose the overall effect of changes requested by an opposing party begins and ends. Hear a full explanation of the principle of mutual error, and whether an integration clause may be used to block the right to reform the contract. What rules govern dealing with communications to an unrepresented party? When do heated negotiations cross the line between fact and fraud? Featured speaker, Claude Ducloux will review all of these issues, and provide you with practice strategies to manage all these situations.
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Price
$60
for CLE/CJE Credit - MEMBER (Philadelphia Bar Association)
$80
for CLE/CJE Credit - NON-MEMBER
$35
for NON-CLE Credit/ Law Student - Members (Materials Included)
$45
for NON-CLE Credit/ Law Student NON-Member
60 minutes
Date Published
December 9, 2022
Publisher
Philadelphia Bar Association
Subjects
Ethics, Skills Training - Drafting/Brief Writing Techniques
Questions
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Summary
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Ethical Considerations in Drafting Contracts
Program originally presented Friday, December 9, 2022
Sponsored and Presented by LawPay
Most lawyers believe that the ethics rules primarily apply to honesty in trial work, or fiduciary responsibilities when dealing with client. But conduct involving negotiation and drafting of contracts also involves many unique ethical situations and duties.
This CLE program will address intentional misrepresentations; failure to disclose modification of documents; incorrect citations of law; and where your duty to disclose the overall effect of changes requested by an opposing party begins and ends. Hear a full explanation of the principle of mutual error, and whether an integration clause may be used to block the right to reform the contract.
What rules govern dealing with communications to an unrepresented party? When do heated negotiations cross the line between fact and fraud? Featured speaker, Claude Ducloux will review all of these issues, and provide you with practice strategies to manage all these situations.
The following rules will be covered throughout the presentation:
- Competence – know what you’re doing - ABA Model Rule DR 6-101, 7-101; Tx Rule 1.01; FL Rule 4-1.1; PA Rule 1.1; MO Rule 1.1
- Conflicts of Interest - ABA DRs 5-105, 5-106,5-107; TX Rule 1.06; CA Rule 3-310; FL Rule 4-1.7 – 4-1.10; Mo Rule 1.7(a)
- Doing business with client - ABA DR 5-104; Tx Rule 1.08(b); PA Rule 1.8, 1.9; FL Rule 4-1.8; MO Rule 1.8(a)
- Truth in statements to others - ABA DR 1-102(A); Tx Rule 4.01; PA Rule 4.1; FL Rule 4-4.1, 4-8.4; MO Rule 4.1
- Dealing with unrepresented persons - ABA DR 7-104(A)(2); TX Rule 4.03; PA Rule 4.3; FL Rule 4-4.3; MO Rule 4.3
- Conduct involving dishonesty fraud deceit and misrepresentation - ABA DR 1-102, 9-101; TX Rule 8.04; PA Rule 8.4; FL Rule 4-8.4; MO Rule 4.1; California Ethics Opinion 2013-189
When negotiating and drafting contracts, ethical considerations and potential conflicts must always be considered. Attend this program to hear guidance and practice strategies before drafting your next contract.
Featured Speaker:
Claude Ducloux, Esq.
Director of Education, Ethics and Compliance
LawPay
0114ODV
Program Titles and Supporting Materials
This program contains the following components:
Media Files
Downloadable Files
Credit
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.
How to Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.
Technical Requirements
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.
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