Identifying and Resolving Conflicts of Interest in Legal Practice

Arthur D. Burger | Jackson & Campbell, P.C.

Mr. Burger is a national leader in legal ethics, legal malpractice, and the law governing lawyers. He has been representing prominent law firms and lawyers for over two decades. Selected repeatedly as a Best Lawyer® in Ethics and Professional Responsibility by Best Lawyers of America© and as a Super Lawyer® in Professional Liability Defense, Art litigates in the areas of legal malpractice, fiduciary duties, motions to disqualify, internal law firm disputes, and Bar disciplinary proceedings. He also serves as outside counsel to law firms and provides guidance regarding potential conflicts of interest and other ethical dilemmas.

In addition to his experience as a practitioner, Art has a deep background in the jurisprudence of ethics law. He was a member of the Editorial Board of the ABA/Bloomberg Law-Lawyers’ Manual on Professional Conduct and is an Adjunct Professor at the Antonin Scalia Law School of George Mason University, teaching a night class in Professional Responsibility. He was a member of the ten-person American Bar Association (ABA) Committee on Ethics and Professional Responsibility from 2014 to 2017; an elected District of Columbia Bar Delegate to the ABA House of Delegates from 2011 to 2012, where he worked with the ABA Ethics 20/20 Commission; a member of the District of Columbia Bar Legal Ethics Committee from 2003 to 2009; a member of the District of Columbia Bar Rules of Professional Conduct Review Committee from 1998 to 2004; and he has taught numerous District of Columbia Bar continuing legal education courses (CLE) on legal ethics and has lectured around the country.

Art also serves as an expert witness on legal ethics and the standard of care for lawyers. In Diamond Resorts vs. Newton Group Transfers, LLC, 2022 WL 1642865 (S.D. Fla. 2022), the court found him “more than qualified to give his expert opinion in matters of legal ethics.

I. Conflicts of Interest | 1:00pm – 1:30pm

• Synopsis of relevant Rules of Professional Conduct
• Understanding direct vs. indirect conflicts

II. Video Vignette 1: Prospective Client Dilemmas | 1:30pm – 2:00pm

• Scenario: A firm previously met with a prospective client; another lawyer wants to undertake an adverse matter

Break | 2:00pm – 2:10pm

III. Video Vignette 2: Client Pressure and Firm Loyalty | 2:10pm – 2:30pm

• Scenario: A major client demands the firm withdraw from representing a competitor

IV. Video Vignette 3: The Attorney as a Witness | 2:30pm – 2:50pm

• Scenario: A lawyer with personal knowledge of contract negotiations faces a disqualification motion

V. Video Vignette 4: Joint Representation in Medical Malpractice | 2:50pm – 3:10pm

• Scenario: A lawyer represents a hospital and employees with conflicting interests

Break | 3:10pm – 3:20pm

VI. Video Vignette 5: Motions to Disqualify Based on Prior Representation | 3:20pm – 3:50pm

• Scenario: A motion to disqualify opposing counsel based on a substantially related prior matter

VII. Video Vignette 6: Aggregate Settlements and Client Disputes | 3:50pm – 4:20pm

• Scenario: Joint representation of claimants in a toxic exposure case leads to disputes over settlement allocation