Ethical Responsibilities: Understanding Client Distress and Building Resilience

Tracy L. Kepler
Karen Muñoz
Lindsay Nathan
Tracy L. Kepler | CNA
Karen Muñoz | Dolan Law Firm PC
Lindsay Nathan | Ascend Justice

Live Video-Broadcast: March 24, 2025

2 hour CLE

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Program Summary

Session I – Ethical Responsibilities in Crisis: Navigating Client Distress and Diminished Capacity Under the Model Rules – Tracy Kepler

This session delves into the ethical responsibilities attorneys must manage under the Model Rules of Professional Conduct when representing clients in crisis, experiencing emotional distress, and exhibiting diminished capacity. We will consider the importance of maintaining confidentiality under Rule 1.6 as well as some exceptions to that Rule relevant to these situations; adherence to communication standards under Rule 1.4; and preservation of objectivity as an advisor under Rule 2.1. Additionally, we will look at an attorney’s obligations when a client’s capacity to make adequately considered decisions in connection with a representation is diminished under Rule 1.14; assessing a client’s capacity; and the spectrum of “reasonably necessary protective action” an attorney can take.

Key topics:

  • Understanding Ethical Duties: Participants will gain a comprehensive understanding of the ethical duties attorneys have under the Model Rules of Professional Conduct when representing a client in crisis or with diminished capacity
  • Enhance Communication Skills: Attendees will learn how to effectively communicate with clients experiencing emotional distress, ensuring clarity, empathy, and professionalism in all interactions
  • Identify and Address Client Needs: Participants will develop the ability to recognize signs of diminished capacity in their clients and understand the appropriate steps to take in such situations

Session II – Beyond the Case: Building Resilience and Trust with Clients Facing Emotional Distress - Karen Muñoz and Lindsay Nathan

This presentation will provide attorneys with practical strategies to care for themselves while effectively supporting clients through crises. We will explore personal maintenance techniques to prevent burnout, maintain emotional resilience, and improve professional effectiveness. The seminar also provides tools for navigating difficult conversations with empathy and clarity, fostering stronger attorney-client relationships and better outcomes.

Key Topics:

  • Embrace Personal Maintenance: Learn how implementing regular sustainable practice habits can bolster your emotional resilience and sustain long-term professional performance
  • Master Communication Techniques: Gain actionable strategies for approaching challenging client conversations with compassion and firmness, ensuring mutual understanding and trust
  • Prevent Burnout: Discover methods to manage the emotional toll of legal work while maintaining your energy and focus in high-stress environments

This course is co-sponsored with myLawCLE.

Date / Time: March 24, 2025

  • 1:30 pm – 3:40 pm Eastern
  • 12:30 pm – 2:40 pm Central
  • 11:30 am – 1:40 pm Mountain
  • 10:30 am – 12:40 pm Pacific

Closed-captioning available

Speakers

Tracy-L.-Kepler_FedBarTracy L. Kepler | CNA

Tracy L. Kepler is the Risk Control Consulting Director for CNA’s Lawyers Insurance Program. In this role, she designs and develops content and distribution of risk control initiatives relevant to the practice of law. She collaborates with the underwriting and claims teams to develop and execute strategies for the profitable growth of the program. Tracy lectures frequently at CNA-sponsored events and at state and local bar associations and national seminars hosted by industry-leading organizations. She also writes articles focusing on law firm risk control and professional responsibility issues.

Prior to joining CNA, Tracy served as the Director of the American Bar Association’s Center for Professional Responsibility (CPR), providing national leadership in developing and interpreting standards and scholarly resources in legal and judicial ethics, professional regulation, professionalism, client protection, professional liability and attorney well-being. Ms. Kepler has nearly 20 years of experience in attorney regulation as she served as an Associate Solicitor in the Office of General Counsel for the U.S. Patent & Trademark Office (USPTO), where she concentrated her practice in the investigation, prosecution and appeal of patent/trademark practitioner disciplinary matters before the Agency, U.S. District Courts and Federal Circuit, provided policy advice on ethics and discipline related matters to senior management, and drafted and revised Agency regulations. She also served as Senior Litigation Counsel for the Illinois Attorney Registration and Disciplinary Commission (ARDC), where she investigated and prosecuted cases of attorney misconduct.

Ms. Kepler has served in various volunteer capacities, including as President, on the Board of the National Organization of Bar Counsel (NOBC), a non-profit organization of legal professionals whose members enforce ethics rules that regulate the professional conduct of lawyers who practice law in the United States and abroad. Ms. Kepler is currently an Adjunct Professor at American University’s Washington College of Law, Georgetown University Law Center and Loyola School of Law (Chicago) teaching Legal Ethics. Committed to the promotion and encouragement of professional responsibility and attorney wellbeing throughout her career, Ms. Kepler has served on the ABA’s Commission on Lawyers Assistance Programs, is a Board member of the Institute for Well-Being in Law (formerly the National Task Force on Lawyer Well-Being) and is an author of its Well-Being Report. She is also a Board Member of the Mindfulness in Law Society and the Vice Chair of the ABA IPL Section’s Attorney Well Being Committee. She is a graduate of Northwestern University in Evanston, Illinois, and received her law degree from New England School of Law in Boston, Massachusetts.

 

Karen Muñoz_FedBarKaren Muñoz | Dolan Law Firm PC

Karen Munoz is a lawyer and wellness advocate. As a managing partner at Dolan Law, a boutique trial law firm, she is dedicated to serving and representing clients who have suffered traumatic injuries and who have been victims of crime. Her work on cases has led to impactful changes in laws designed to better protect people. Working towards positive change through advocacy whenever possible is a tenet of her practice.

Wellness and mindfulness for lawyers and in the workplace is very important to Karen. She is working to earn her master’s in counseling psychology, and is a certified yoga teacher. Karen was a member of the Illinois Task Force on Lawyer Well-Being and has taught pro bono yoga for the Illinois Lawyers Assistance Program. She is vigorously engaged in teaching, writing, and providing workshops that promote lawyer well-being by serving on legal committees and providing wellness support to law firms and legal organizations. Since the start of her career, she has been a contributor on wellness topics for a variety of Law Bulletin publications. She is a firm believer that we can truly serve our client’s best-interests and fulfill our ethical obligations by being healthy and balanced individuals.

 

Lindsay Nathan_FedBarLindsay Nathan | Ascend Justice

Lindsay Nathan has been an Attorney at Ascend Justice since June 2011. She is currently the Director of the Family Law Program at Ascend. Prior to this position, Lindsay worked as a Senior Family Law Attorney and a Staff Attorney in the Order of Protection walk-in clinic. At Ascend, Lindsay manages the family law team, which handles divorce and parentage matters, including representing victims of domestic violence and frequently handling cases involving Orders of Protections. In May 2010, Lindsay received her JD from the University of Notre Dame Law School. She received her BA from Illinois Wesleyan University.

Agenda

Session I – Ethical Responsibilities in Crisis: Navigating Client Distress and Diminished Capacity Under the Model Rules | 1:30pm – 2:30pm

  • Understanding Ethical Duties: Participants will gain a comprehensive understanding of the ethical duties attorneys have under the Model Rules of Professional Conduct when representing a client in crisis or with diminished capacity
  • Enhance Communication Skills: Attendees will learn how to effectively communicate with clients experiencing emotional distress, ensuring clarity, empathy, and professionalism in all interactions
  • Identify and Address Client Needs: Participants will develop the ability to recognize signs of diminished capacity in their clients and understand the appropriate steps to take in such situations

Break | 2:30pm – 2:40pm

Session II – Beyond the Case: Building Resilience and Trust with Clients Facing Emotional Distress | 2:40pm – 3:40pm

  • Embrace Personal Maintenance: Learn how implementing regular sustainable practice habits can bolster your emotional resilience and sustain long-term professional performance
  • Master Communication Techniques: Gain actionable strategies for approaching challenging client conversations with compassion and firmness, ensuring mutual understanding and trust
  • Prevent Burnout: Discover methods to manage the emotional toll of legal work while maintaining your energy and focus in high-stress environments

Credits

Alaska

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 Ethics

Arkansas

Approved for CLE Credits
2 Ethics

Arizona

Approved for CLE Credits
2 Professional Responsibility/Ethics

California

Approved for CLE Credits
1 Competence Issues, 1 Ethics

Colorado

Pending CLE Approval
2 Ethics / Professionalism

Connecticut

Approved for CLE Credits
2 Ethics / Professionalism

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 Enhanced Ethics

Florida

Approved via Attorney Submission
1 Mental Health and Wellness Hour, 1 Ethics Hour

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 Ethics

Hawaii

Approved for CLE Credits
2.4 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
1 Attorney Wellness, 1 Ethics

Idaho

Pending CLE Approval
2 Ethics / Professionalism

Illinois

Approved for CLE Credits
1 Ethics,1 Mental Health

Indiana

Approved for CLE Credits
2 Ethics

Kansas

Pending CLE Approval
2 Ethics / Professionalism

Kentucky

Pending CLE Approval
2 Ethics

Louisiana

Pending CLE Approval
1 Professionalism, 1 Ethics

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 Ethics / Professionalism

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
1 Ethics

Missouri

Approved for CLE Credits
2.4 Ethics

Mississippi

Pending CLE Approval
1 Other (Ethics / Professionalism Hour), 1 Ethics

Montana

Pending CLE Approval
2 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
1 Substance Abuse / Mental Health, 1 Ethics

North Dakota

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 Ethics / Professionalism Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 Ethics / Professionalism

Nevada

Approved for CLE Credits
1 Substance Abuse, Addiction and Mental Health, 1 Ethics / Professionalism

New York

Approved for CLE Credits
2.4 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 Professional Conduct

Oklahoma

Pending CLE Approval
2 Ethics / Professionalism

Oregon

Pending CLE Approval
1 Mental Health / Substance Use, 1 Ethics

Pennsylvania

Approved for CLE Credits
2 Ethics / Professionalism

Rhode Island

Pending CLE Approval
2 Ethics / Professionalism

South Carolina

Pending CLE Approval
1 Substance Abuse / Mental Health, 1 Ethics / Professionalism

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for CLE Credits
2 Dual

Texas

Approved for CLE Credits
2 Ethics

Utah

Pending CLE Approval
1 General , 1 Ethics / Professionalism

Virginia

Not Eligible
1 Well-being, 1 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
1 Attorney Wellness, 1 Ethics

Washington

Approved via Attorney Submission
1 Other (Personal Development and Mental Health) Hour, 1 Ethics Hour

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
1 Lawyers Awareness and Understanding (LAU), 1 Ethics

West Virginia

Pending CLE Approval
2.4 Ethics / Professionalism

Wyoming

Pending CLE Approval
2 Ethics / Professionalism

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