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Schedule and Faculty
Schedule times listed below are for the live
seminar. Times for replays may differ due to varied start times and abbreviated break periods.
Please refer to the
DATES/LOCATION
tab for individual replay start times.
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William J.
Wernz
is an Of Counsel member of the Trial
Department at Dorsey & Whitney LLP. He was Ethics Partner and a member
of the Trial Department at Dorsey & Whitney LLP in Minneapolis
1992–2009. He practices in the areas of attorney ethics, malpractice and
fiduciary law. He is the author of Minnesota Legal Ethics (2011), an
online treatise, hosted by the Minnesota State Bar Association. From
1985 to 1992 Mr. Wernz was the Director of the Minnesota Lawyers Board.
In 1998–99 he was the president of the Association of Professional
Responsibility Lawyers, a nationwide group of over 200 lawyers. Mr.
Wernz received the Minnesota Lawyer 2009 Outstanding Service to the
Profession Award. In 1991 Mr. Wernz received the Minnesota State Bar
Association Award of Excellence. In 2003 Mr. Wernz received the
Minnesota State Bar Association President’s Award, for his work as chair
of the Task Force that proposed changes in the Rules of Professional
Conduct. In 2005 Mr. Wernz received the Hennepin County Bar Association
Attorney Professionalism Award. Mr. Wernz has been an adjunct professor,
teaching legal ethics, at the University of Minnesota and William
Mitchell College of Law. Mr. Wernz is a summa cum laude graduate (1977)
of the University of Notre Dame law school and has a Ph.D. in Religious
Studies from the University of Iowa. |
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David L.
Sasseville
is General Counsel of the 190-lawyer
Minneapolis-based firm Lindquist & Vennum P.L.L.P., where he is a
partner and member of the firm’s Commercial Litigation Practice Group.
Mr. Sasseville represents lawyers and law firms on professional
responsibility and liability matters. Mr. Sasseville lectures and writes
frequently on topics of professional responsibility, legal ethics, loss
prevention and professional liability. He has served for the past
eighteen years as Lindquist & Vennum’s Ethics, Loss Prevention and
Claims Partner. Mr. Sasseville served on the Minnesota Lawyers
Professional Responsibility Board from 2003 to 2009; he served as chair
of the Board’s Rules Committee. Mr. Sasseville has been an Adjunct
Professor at William Mitchell College of Law since 2000, where he
co-teaches a course on Professional Responsibility with his law partner,
Terrence J. Fleming. Mr. Sasseville is the Chair of the Professionalism
and Professional Conduct Section of the Hennepin County Bar Association.
He served for six years as a member of the Hennepin County District IV
Ethics Committee. Mr. Sasseville is a member of the Association of
Professional Responsibility Lawyers, the ABA Center for Professional
Responsibility, and the Minnesota State Bar Association Rules of
Professional Conduct Committee. He is a member of the Hennepin County,
Minnesota State and American Bar Associations. Mr. Sasseville is a
Fellow of the American Bar Foundation. Mr. Sasseville is admitted to
practice in the state and federal courts of Minnesota and before the
Eight Circuit Court of Appeals. He attended American University in
Washington, D.C., and is a graduate of the University of Minnesota (B.A.
American Studies), and William Mitchell College of Law (1984). |
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Charles E.
Lundberg has been a member of
Bassford Remele for more than 30 years, practicing primarily as a
“lawyer’s lawyer” – advising attorneys and law firms on matters
involving legal malpractice, legal ethics, and other areas of the law of
lawyering. He served for 12 years on the Minnesota Lawyers Professional
Responsibility Board, including six years as Board Chair. He also
devotes much of his time to appeals and has been recognized as one of
the leading appellate attorneys in Minnesota and elected as a Fellow in
the American Academy of Appellate Lawyers – an invitation-only group of
outstanding lawyers whose practice focuses substantially on appeals. Mr.
Lundberg has been named a Top 100 Super Lawyer, Top 10 Appellate Super
Lawyer, and a Leading American Attorney and one of the Best Lawyers in
America in the fields of Appellate Law and Legal Malpractice Law. He
received the Minnesota State Bar Association Professional Excellence
Award in 2005. |
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Ken Jorgensen
is the Ethics Partner at Dorsey & Whitney where he advises lawyers in
Dorsey’s 19 offices in the U.S, Europe and Asia-Pacific. Before joining
Dorsey, Ken was a trial court judge in Washington County, presiding over
all types of cases including criminal, family, juvenile and civil
litigation. Prior to becoming a judge, he was the Director of the Office
of Lawyers Professional Responsibility. During his more than 20 years
with the Director’s Office he handled thousands of ethics investigations
involving lawyer misconduct and created the Office’s telephone advisory
opinion service. Ken is an adjunct faculty member at William Mitchell, a
frequent CLE lecturer and has written numerous Professional
Responsibility and Legal Ethics articles. He received the Minnesota
State Bar Association’s Professional Excellence Award in 2006. |
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Kent
Gernander
is a general practice and trial lawyer in
the Winona law firm Streater & Murphy, PA, where he advises and
represents individuals and business and nonprofit entities. He has been
involved in many professional organizations, including terms as
President of the Minnesota State Bar Association, Chair of Minnesota
Continuing Legal Education, and Chair of the Lawyers Professional
Responsibility Board. He has served on advisory committees related to
the Rules of Professional Conduct and the Code of Judicial Conduct. He
is consulted as an expert on ethics and malpractice matters, and has
written and lectured on a variety of legal topics. He is the author of
Minnesota CLE’s Client Relations Formbook, containing forms and
commentary for practice management and ethical compliance. |
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Eric T.
Cooperstein
has a solo practice devoted to ethics
consulting and representation, a product of his work as a former Senior
Assistant Director of the Office of Lawyers Professional Responsibility,
where he worked from 1995 to 2001. Eric defends lawyers against ethics
complaints, provides advice and expert opinions, and represents lawyers
in fee disputes and law firm break-ups. He is also a frequent writer and
speaker on ethics and law practice issues. Eric is Chair of the Rules of
Professional Conduct Committee for the Minnesota State Bar Association,
a member of the Association of Professional Responsibility Lawyers, and
served from 2007 to 2008 on the Supreme Court Advisory Committee to
Review the Lawyer Discipline Process. Eric joined the executive
committee of the Hennepin County Bar Association in 2010 and will serve
as its President in 2013–2014. |
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Martin A. Cole
is the Director of the Office of Lawyers
Professional Responsibility and the Minnesota Client Security Board. He
has been employed in the lawyer disciplinary system for over 25 years
and has been Director since April 2006. He is an honors graduate of the
University of Minnesota Law School, where he was an editor of the
Minnesota Law Review. In addition to prosecuting 100s of public
discipline matters and providing over 5000 telephone advisory opinions
over the years, Marty has been a director at large of the National
Client Protection Organization, chair of the MSBA Public Lawyers Section
Ethics Committee and a member of the ABA’s Advisory Commission on
Lawyers’ Funds for Client Protection. He is a frequent CLE speaker and
author in the areas of professional responsibility and law client
protection. |
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Nancy Zalusky Berg
is a founder of Walling, Berg & Debele,
P.A., a thirteen lawyer firm limiting its practice to family, juvenile
and adoption law. Ms. Berg has limited her practice to family law since
1985. She is certified by the National Board of Trial Examiners as a
Family Law Litigation Specialist. She is a member of the American
Academy of Matrimonial Lawyers, International Academy of Matrimonial
Lawyers and President of the IAML – USA Chapter. She sits on the
Minnesota Lawyers Board of Professional Responsibility; she has been
listed in the “Best Lawyers in America” and has been identified as one
of Minnesota’s “Super Lawyers” of Law & Politics, Minnesota Monthly and
Mpls-St. Paul magazines since 1993. She has been listed as one of the
top 100 lawyers in Minnesota for several years and is one of the top 40
lawyers in the Family Law practice area by Law & Politics. |
12:30 – 1:00 p.m.
REGISTRATION & CHECK-IN
1:00 – 1:30 p.m.
Two Can Play That Game
Some negotiation tactics walk a fine
line between a clever gambit and an unethical proposal. Our panel
will discuss whether lawyers may prepare draft documents for a
client to present to the opposing party and when threats to file or
withhold criminal charges violate ethics rules.
– Nancy Zalusky Berg, Martin A. Cole &
Eric T. Cooperstein
1:30 – 2:30 p.m.
Compromising Positions: The Twists and
Turns of "Materially Limited" Conflicts
A wide variety of circumstances may
"materially limit" a lawyer’s ability to represent clients:
representing criminal co-defendants, challenging a lawyer’s own
previous work product, joint representation of plaintiffs and
third-party defendants, zero-sum conflicts, advice behind the
scenes, and others. This session will unravel the question of
whether any of these conflicts are waivable.
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In re Coleman, 2011 WL 222246
(Minn. 2011).
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In re Kalla, 2012 WL 204529
(Minn. 2012).
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"Underlying Work" Claims
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Waivers (Schiltz Seal of Approval,
Minn. Legal Eth. Blog – Oct. 2011)
– Charles E. Lundberg, David L.
Sasseville & William J. Wernz
2:30 – 2:45 p.m.
BREAK
2:45 – 3:30 p.m.
Who’s Reading the Emails You Send Your
Clients?
The biggest threat to the
confidentiality of client e-mails comes not from the clouds but from
the prying eyes of your client’s employer. Two video vignettes will
illustrate the questions raised by recent ABA Formal Ethics Opinions
and highlight the pitfalls for the lawyer sending the e-mails and
the unexpected responsibilities of the lawyer for the client who
finds them.
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ABA Formal Opinion 11-459, "Duty to
Protect the Confidentiality of E-Mail Communications With One’s
Client"
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ABA Formal Opinion 11-460, "Duty
When Lawyer Receives Copies of a Third Party’s E-Mail
Communication With Counsel"
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(Both ABA ops. discussed in Minn.
Legal Eth. Blog – Sept. 2011)
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Lawyers Board Opinion No. 22, "A
Lawyer’s Ethical Obligations Regarding Metadata"
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Social media and your ethical
obligations
– Eric T. Cooperstein & Kent Gernander
3:30 – 4:00 p.m.
With a Capital "T" and That Rhymes with
"P" and That Stands for Partner
When a partner of a law firm engages in
misconduct, the remaining partners must do more than shake their
heads and change the locks. This panel will discuss partners’ duties
to investigate further, to mitigate the misconduct, and possibly
report their fallen partner to disciplinary or criminal authorities.
Plus: the inside story of cleaning up after a partner’s defalcation.
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Board of Bar Overseers v. Warren
et al. (Maine 2011)
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Does the confidentiality duty under
Rule 1.6 trump the duty to report under Rule 8.3 in almost all
cases?
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A Partner Gone Bad – A Painful Story
– Martin A. Cole, Ken Jorgensen & David
L. Sasseville
4:00 – 4:15 p.m.
Hot Topics
A fast-paced review of the ethics issues
making headlines and keeping ethics lawyers busy.
– Charles E. Lundberg & William J. Wernz
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