A reception will follow the program

4.0 hours of Illinois professional responsibility CLE credit

Current FBA members only

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David Erie
Professional Responsibility Partner
Kirkland & Ellis LLP 

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David Haase
Partner
Littler Mendelson PC 

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Thomas Kuhns
General Counsel
Kirkland & Ellis LLP 

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Hon. Elaine Bucklo
U.S. District Judge
Northern District of Illinois 

 

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Hon. Amy St. Eve
U.S. District Judge
Northern District of Illinois

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Hon. John Tharp
U.S. District Judge
Northern District of Illinois  

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This annual program provides an overview of trends and developing issues in legal ethics. It will include a discussion on communication and disclosure issues under Rules of Professional Conduct 4.2 and 4.4. We will also discuss confidentiality issues and other duties in the context of joint defense agreements. Finally, we will explore novel approaches to civility between counsel, and several federal district court judges will provide their views on appropriate conduct by counsel.

Register by June 19, 2015 

 

Agenda

12:30 pm

Check in

 

1:00 pm

Recent Developments in Ethics in the Seventh Circuit

David Erie, Professional Responsibility Partner, Kirkland & Ellis LLP

• Rule 4.2 – Communications with government representatives and the “authorized by law” exception to Rule 4.2 (the “no contact” rule)
• Rule 4.2 – Communications with class members
• Rule 4.4 – Inadvertent disclosure of privileged documents and Fed. Rule of Evid. 502 and Rule 4.4

 

2:15 pm

Keep Your Friends Close and Your Enemies Closer:
The Case for Civility Between Counsel and a Novel Approach to Accomplishing That

David K. Haase, Littler Mendelson PC

• Rule 3.4
• In 2005, the Illinois Supreme Court established a Commission on Professionalism, with promoting civility between counsel as a major objective. Yet, studies show that lawyer civility has continued to decline. Here, we will make the case for why it is the interest of both the lawyer and his/her client to foster civility with opposing counsel. We will then provide novel approaches to accomplishing that, inviting discussion along the way.

 

3:00 pm

Break

 

3:15 pm

Cracks in the Joint Defense Agreement: What Duties to Members of A JDA Have to Fellow Members And Are They Enforceable

Thomas O. Kuhns, General Counsel, Kirkland & Ellis LLP

• Rules 1.6 and 1.9
• Duty of Confidentially and Duties to Former Clients are the rules most frequently cited in cases construing the duties between members of a joint defense agreement. Yet, are these Joint Defense Agreements enforceable in the first instance? If so, what are the duties between the various members of the agreement both during the pendency of the agreement both during the pendency of the agreement and after it expires. Are there steps that can be taken that might affect those duties? This program will address these issues.

 

4:00 pm

How to Avoid Irking Federal Judges

Hon. Elaine Bucklo, Northern District of Illinois
Hon. Amy St. Eve, Northern District of Illinois
Hon. John Tharp, Northern District of Illinois

 

5:00 pm

FBA Membership Meeting

Reception 

(immediately following)

FBA Members – free