Avoiding Malpractice Claims and Ethics Grievances for Family Law lawyers (Including 1 hour of Ethics)

Edward X. Clinton, Jr.
Edward X. Clinton, Jr.
The Clinton Law Firm

Ed Clinton, Jr. is a principal in the Clinton Law Firm and focuses his practice on business litigation and legal malpractice.

Arthur J. Travieso
Arthur J. Travieso
Travieso Law Firm

Arthur J. Travieso is the managing attorney for Travieso Law Firm.

On-Demand: May 23, 2024

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2.5 hour CLE
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Program Summary

Session I - Avoiding Malpractice Claims and Ethics Grievances for Family Law lawyers - Edward X. Clinton, Jr.

The presentation, by a lawyer who handles legal malpractice claims and legal ethics matters arising out of family law cases, will discuss common ways to avoid adverse claims from clients or bar regulators. Clinton will discuss common risk management techniques: (a) client selection; (b) engagement letter; (c) prosecuting the client’s claims; (d) protecting yourself when the client makes an informed decision; (e) types of malpractice claims most commonly asserted; (f) types of ethics grievances that Bar regulators will take seriously. The goal is to keep the lawyer out of trouble or to curtail problems before they escalate.

Key topics to be discussed:

  • Client selection
  • Engagement letter
  • Prosecuting the client’s claims
  • Protecting yourself when the client makes an informed decision
  • Types of malpractice claims most commonly asserted
  • Types of ethics grievances that Bar regulators will take seriously

Session II - Ethical Mistakes Attorneys Commonly Make – Arthur J. Travieso

Mr. Travieso plans to discuss the most frequent ethical challenges that face an attorney on a daily basis, including trust accounting, conflicts checking, presentation of evidence, duties to client vs. duties to the court and how to successfully navigate these challenges.

Key topics to be discussed:

  • Trust accounting and changes in the law
  • Conflicts checking and waiver of conflicts
  • Balancing duties to the client and court
  • Dealing with a client who lies

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Edward X. Clinton, Jr._FedBarEdward X. Clinton, Jr. | The Clinton Law Firm

Ed Clinton, Jr. is a principal in the Clinton Law Firm and focuses his practice on business litigation and legal malpractice. In 1991, Ed graduated, cum laude, from Harvard Law School. He was a law clerk to the Honorable Michael S. Kanne of the United States Court of Appeals for the Seventh Circuit from September 1991 to September 1992. From 1992 to May 1996, he worked as a commercial litigation associate at Mayer, Brown & Platt. After working at Katten Muchin & Zavis, Ed joined the Clinton Law Firm in 1997 as a shareholder.

Ed has substantial experience in commercial litigation, including breach of contract, business torts, uniform commercial code, and creditors’ rights. He also has substantial experience in the formation of business entities and the negotiating and drafting of the accompanying documents, including shareholder agreements, partnership agreements and operating agreements.

Ed also has experience in representing both plaintiffs and defendants in all manner of legal malpractice claims, including claims arising out of litigation, including personal injury cases and divorce cases, failed corporate transactions, and disputed wills and trusts. Ed Clinton, Jr. also represents lawyers before the Attorney Registration and Disciplinary Commission.

In addition to his extensive litigation practice, Edward X. Clinton, Jr. serves as an expert witness in legal malpractice claims. He has written extensively on the subjects of securities regulation, consumer fraud and trial practice. His clients include doctors, lawyers, computer software companies, shareholders and corporations.

 

Arthur J. Travieso_FedBarArthur J. Travieso | Travieso Law Firm

Arthur J. Travieso is the managing attorney for Travieso Law Firm. He has been in practice over 32 years and throughout his career he has been a civil litigator and trial attorney, along with being a former criminal prosecutor. Mr. Travieso has tried hundreds of cases to verdict including over 30 jury trials in both California State and Federal Courts.

He has successfully litigated matters involving business litigation, contractual disputes, premises liability, mold exposure, personal injury cases, trucking litigation, intellectual property, bankruptcy and real estate cases. Mr. Travieso is one of a small number of attorneys in California to have actually tried to verdict complex toxic exposure and construction defect cases that have lasted as long as 12 weeks in duration. His success rate is over 95%.

Mr. Travieso has also handled many civil appellate matters throughout his career. Among his achievements, Mr. Travieso served as the lead appellate counsel in Miller v. Givens, 20 Cal.App.4th 18 and Arias v. Katella Townhouse Homeowners Association, Inc., 127 Cal.App.4th 847. Attorneys throughout the State of California often cite these cases as establishing the rules under which a prevailing party at trial can recover attorneys’ fees following judgment.

Mr. Travieso also practices Family Law with a particular focus on Domestic Violence cases and high conflict Divorce and Paternity matters involving Child Custody and Visitation issues. His background in criminal and civil litigation gives him unique advantages in dealing with the crossover issues often found in such cases.

Though a hard-nosed aggressive litigator, Mr. Travieso balances his approach with a pragmatic analysis of the client’s needs and goals in litigation and never loses sight of the desired outcome. He is in regular communication with his clients to ensure that they are kept abreast of developments in their cases and are involved in all aspects of their cases with him.

Mr. Travieso received his Bachelor of Science in Psychobiology from the University of California, Los Angeles (UCLA) where he received Departmental Honors. He then went on to receive his Juris Doctor from Western State University College of Law. Mr. Travieso is admitted to the State Bar of California, the United States Supreme Court, United States Ninth Circuit Court of Appeals and the U.S. District Courts in the Central, Southern, and Eastern Districts of California. Mr. Travieso both speaks and teaches at seminars on various litigation matters. He is fully fluent in Spanish.

Agenda

Session I – Avoiding Malpractice Claims and Ethics Grievances for Family Law lawyers | 2:00pm – 3:40pm

  • Client selection | 2:00pm – 2:15pm
  • Engagement letter | 2:15pm – 2:30pm
  • Prosecuting the client’s claims | 2:30pm – 2:45pm
  • Protecting yourself when the client makes an informed decision | 2:45pm – 3:00pm

Break | 3:00pm – 3:10pm

  • Types of malpractice claims most commonly asserted | 3:10pm – 3:25pm
  • Types of ethics grievances that Bar regulators will take seriously | 3:25pm – 3:40pm

Session II – Ethical Mistakes Attorneys Commonly Make | 3:40pm – 4:50pm

  • Trust accounting and changes in the law | 3:40pm – 3:55pm
  • Conflicts checking and waiver of conflicts | 3:55pm – 4:10pm

Break | 4:10pm – 4:20pm

  • Balancing duties to the client and court | 4:20pm – 4:35pm
  • Dealing with a client who lies | 4:35pm – 4:50pm
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