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  • Description
    When it comes to ethical dilemmas, foresight is the best defense mechanism. Whether you are in solo practice or a large firm, most ethical problems can be avoided using risk managements techniques that can be implemented in advance of a problem arising. This CLE course will explain those techniques and address the most common ethical issues that arise in firms of all sizes as well as those particular to small or large firms. The course will advise on how recognizing and addressing issues before they become full-blown dilemmas can dramatically decrease the incidence of disciplinary complaints and malpractice claims. A review of everyday problems and common sense approaches to addressing them will also be discussed.
  • Instructor Bio

    Richard Maltz

    Richard M. Maltz is counsel to our Legal Ethics and Professional Responsibility Group and he has more than 23 years of experience in the professional responsibility field. He represents lawyers in disciplinary matters and lawyers and law firms in partnership disputes. He also handles litigation involving professional responsibility issues, fee disputes, law firm disputes, disqualification, sanctions, and problems in the admission process for law graduates. He was recently recognized by Best Lawyers in America as one of the top attorneys in his field.

    Mr. Maltz served two years as First Deputy Chief Counsel (1998-2000) and nine years as Deputy Chief Counsel (1989-1998) for the Departmental Disciplinary Committee for the Appellate Division, First Judicial Department. Prior to joining the Committee, Mr. Maltz handled both criminal and civil litigation. Currently, Mr. Maltz is a member of the New York State Bar Committee on Professional Discipline and the New York City Bar Professional Responsibility Committee. He was creator and Chair of the New York State Trial Lawyer’s Ethics Committee. Mr. Maltz is a former Chair of the Professional Responsibility Committee of the New York City Bar (2002-2005) and former Chair and then Co-Chair of the Ethics Committee of the Westchester County Bar Association. He served as a member of the New York County Lawyers’ Ethics Institute and was appointed to the New York State Bar Advertising Task Force. He was also former Chair of the Briarcliff Manor Ethics Board, as well as a former Referee for the Judicial Conduct Commission. Mr. Maltz has been certified to teach an ethics CLE course by the New York State Continuing Legal Education Board and he lectures often on disciplinary and ethical issues for New York State, City, and County Bar associations and for private law firms. He has taught professional responsibility at Benjamin N. Cardozo School of Law, and has published articles in the New York Law Journal, New York State Bar Journal, and Georgetown Journal of Legal Ethics. He has also acted as an ethics expert.

    Jeremy Jeremy S. Garber

    Jeremy S. Garber is Special Trial Counsel at the Departmental Disciplinary Committee for the First Judicial Department, where he has been a staff attorney since 1990. He graduated from Washington University in St. Louis in 1975, received a Master’s in Middle Eastern Languages from Columbia University in 1981 and his law degree in 1985 from the University of Michigan. Mr. Garber was the Committee’s staff attorney in disciplinary cases involving a range of attorney misconduct or infirmity: Matter of Kavanagh, 189 AD2d 521 (1993)(ethnic slurs against opposing counsel in civil litigation); Matter of Colp, 185 AD2d 43 (1993)(real estate attorney suffering from paranoid delusions); Matter of Freedman, 208 AD2d 325(1995) (large scale neglect and deceit in immigration practice); Matter of Wong, 275 AD2d 1 (2000)(sexual abuse of minor by law student prior to his admission to the Bar); Matter of Weinstein, 4 AD3d 29 (2004)(deceit and double billing in guardianship proceedings); Matter of Boter, 46 AD3d 1 (2007)(personal injury lawyer paying non-lawyers for client referrals, settling cases without clients’ consent, forging and falsely notarizing client signatures); and Matter of Larsen, 50 AD3d 41 (2008)(matrimonial attorney engaging in conflicts of interest and gross over billing).

    Richard Mischel

    Richard E. Mischel served as Deputy Chief of the Appeals Bureau of the Kings County District Attorney's Office. He also served as Principal Law Secretary to the Presiding Justice, Appellate Division, Second Judicial Department of the State of New York. He has filed briefs and appeared in the U.S. Supreme Court; federal courts of appeals, First, Second, and Third Circuits; and New York and New Jersey appellate courts.