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The Law and Ethics of NewLaw


Speaker(s): Alyx Pattison, Anthony E. Davis, Anthony Sebok, Joshua Browder, Justice Deno Hemonas, Kevin Chern, Laura Giokas, Lucian T. Pera , Lynda Shely, Mark L. Tuft, Merri A. Baldwin, Peter R. Jarvis, Ronald C. Minkoff, Toby J. Rothschild, William D. Henderson
Recorded on: Sep. 8, 2020
PLI Program #: 299910

Ronald C. Minkoff is a partner in the Litigation Group and Head of the Professional Responsibility Group. Mr. Minkoff is one of New York State’s leading practitioners in the field of attorney ethics and professional responsibility, representing attorneys in a wide variety of matters including law firm partnership disputes, attorney discipline cases, legal fee disputes and legal malpractice and professional liability cases on behalf of both plaintiffs and defendants. He also provides ethics opinions and advice to a wide variety of law firm clients.  In addition, he also serves as an expert witness in legal malpractice lawsuits and attorneys’ fees disputes.

Mr. Minkoff is a member of several Bar Ethics Committees, including the Committee on Standards of Attorney Conduct (COSAC) and the Committee on Professional Discipline of the New York State Bar Association. He is also the Chair of the Committee on Professionalism and Professional Discipline of the New York County Lawyers’ Association, a former member of the American Bar Association Standing Committee on Professionalism, and a past President of the Association of Professional Responsibility Lawyers. He has written extensively for the New York Professional Responsibility Report, The Professional Lawyer, The New York Law Journal, and other publications and served as the co-Managing editor of the New York Legal Ethics Reporter. Mr. Minkoff has served as an Adjunct Professor of Professional Responsibility at Columbia University School of Law, Benjamin N. Cardozo School of Law, New York University School of Law, Fordham Law School, and Brooklyn Law School. He is a frequent lecturer on the law of lawyering.

In addition, Mr. Minkoff represents businesses and individual professionals and executives in a wide variety of commercial litigation, including business break-ups, securities lawsuits, and domestic and international trade disputes. He represents several law firm partners and law firms in partnership disputes, lateral transitions and law-firm dissolutions. And he represents an internationally known petrochemist in an oil and gas venture dispute. Mr. Minkoff is on the Executive Committee and Board of Directors of the New York County Lawyers’ Association.

Mr. Minkoff was named Best Lawyers’ 2011 New York Ethics and Professional Responsibility Lawyer of the Year. He has also been recognized by Best Lawyers for many years for his work in Commercial Litigation, Ethics and Professional Responsibility, Legal Malpractice, and Regulatory Enforcement matters. He has been named a New York-area “Super Lawyer” for Professional Liability: Defense Work and Business Litigation by Super Lawyers magazine for nine consecutive years.

Mr. Minkoff is a graduate of Columbia Law School (JD, 1980). He is admitted to practice in New York.


Alyx Pattison has an extensive background in both law and politics, with over a decade of experience as a litigator. Before joining Burford, she was the Founder and President of a political consulting business with a focus on providing legal advice and compliance for congressional campaigns. Prior to this, Ms. Pattison was a Partner in the litigation departments of AmLaw 100 firms, Akerman LLP and Katten Muchin Rosenman LLP, with a focus on defense of publicly traded companies in securities class actions, M&A litigation and shareholder derivative suits. Ms. Pattison has been actively involved with Women’s Leadership and Diversity Committees.

Ms. Pattison graduated from the University of Utah and holds a Juris Doctor from Northwestern University Pritzker School of Law.


Anthony Davis is a lawyer’s lawyer. He advises lawyers and law firms in the United States and internationally in the areas of professional responsibility, risk management and every aspect of the law governing lawyers. He frequently presents on a variety of professional responsibility and law firm risk management topics for law firms and other organizations, including ABA sections, the ABA Center for Professional Responsibility, the Association of Professional Responsibility Lawyers, and the New York State and New York City Bar Associations.  Mr. Davis is a Lecturer-in-Law at Columbia University School of Law, teaching “Professional Responsibility Issues in Business Practice.” He is a past President of the Association of Professional Responsibility Lawyers (APRL), a Fellow of the College of Law Practice Management, and a Member of the American Law Institute (ALI).  He writes a bi-monthly "Professional Responsibility" column in the New York Law Journal and is often interviewed and quoted on issues involving legal ethics and law firm risk management.

Publications: "Risk Management: Survival Tools for Law Firms, American Bar Association," co-published by the Law Practice Management Section and the Center for Professional Responsibility, 1995, 2nd ed. 2007, 3rd ed. 2015; Co-author, "The Essential Formbook; Comprehensive Management Tools for Lawyers", ABA Law Practice Management Section, 2001; Co-author, "Reforming Lawyer Mobility—Protecting Turf or Serving Clients?," The Georgetown Journal of Legal Ethics, vol. 30, 2017; "Legal Ethics and Risk Management; Complimentary Visions of Lawyer Regulation," The Georgetown Journal of Legal Ethics, 2008; Co-author, "Indemnity Provisions in Outside Counsel Guidelines: A Tale of Unintended Consequences," ABA Center for Professional Responsibility, The Professional Lawyer, vol. 23, 2016; Co-author, "The New Battle Over Conflicts of Interest: Should Professional Regulators—or Clients—Decide What Is a Conflict?," ABA Center for Professional Responsibility, The Professional Lawyer, 2017; Co-author, "Increasing Profitability by Improving Client Intake," The Mechanics of Law Firm Profitability: People, Process, and Technology, Ark Group, 2016; Co-author, "Regulation of the Legal Profession in the United States: Overview," Thomson Reuters Practical Law, 2017; Co-author, "Due Diligence When Bringing Laterals and Their Cases into Your Firm," DRI, The Voice of the Defense Bar, 2018.

Education: M.A., Cambridge University, 1974; LL.M., (Criminal Justice), NYU School of Law, 1971: B.A., (Hons., Law), Cambridge University, 1970. Admissions: NY; Colorado; England & Wales, Solicitor and Barrister (non-practicing); SDNY; EDNY; D. Colo.; Second, Fourth, and Tenth Circuit Courts of Appeals.


Joshua Browder is the founder of the first website that allows motorists to appeal their parking tickets automatically, Browder is also involved in the intersection between technology and human rights: he programmed an iPhone application for Freedom House and created an app to educate lawyers in Africa on how to effectively defend economically disadvantaged clients.


Justice Constandinos (Deno) Himonas was appointed to the Utah Supreme Court in 2015. For the decade prior, he served as a trial court judge in a court of general jurisdiction. Justice Himonas is deeply involved in the access-to-justice movement and often can be found speaking about access-to-justice issues around the country. He currently chairs two task forces that are focused on access to justice, one on licensed paralegal practitioners and the other on online dispute resolution, and co-chairs a third, which is reimagining the regulation of the practice of law. 

 


Kevin Chern founded Sanguine Strategic Advisors after 25 years of building businesses while navigating some of the most complex paths to success, to lend his insight and experience to other serial entrepreneurs, small business owners and folks in need of a roll-up-your-sleeves innovator, deal maker and doer.   Among his many pursuits:

Kevin is the founder and former Managing Partner of UpRight Law, the largest consumer bankruptcy law firm in the U.S., based in Chicago, built from the ground up starting in 2014.  He founded and led UpRight in its mission to improve people's lives by providing the highest quality services, most effective legal strategies and world class customer service. He leveraged systems, technology, operations and the intense subject matter expertise of local bankruptcy practitioners to build America's premier virtual consumer law firm, allowing consumers to interact with their lawyer online.  The firm successfully represented over 30,000 clients during his tenure as Managing Partner.

Previously, Kevin is a co-founder and former President of Total Attorneys, the pioneer of lead generation in the legal industry.  In his capacity as President, he was a marketing, technology, business development and law firm management consultant to 1100+ law firms nationwide and successfully fought regulatory battles across the country to legitimize lead generation in the legal industry.  

Kevin has architected five comprehensive law office CRMs and dozens of legal websites, is an expert in law practice development, having created practices in bankruptcy, consumer protection litigation, bankruptcy litigation, class action litigation, lemon law, personal injury, workers compensation and DUI.

He is a leader in the digital marketing space and is a consummate deal maker.  He was named an inaugural member of the Fastcase 50, as one of the country's smartest, most courageous innovators, techies, visionaries, & leaders in the legal space.  Kevin is also an inductee in The Chicago Area Entrepreneurship Hall of Fame and his companies have twice been on the Inc. 500 list of fastest growing private companies in America.

Kevin has built numerous other businesses over the last 25 years and is passionate about entrepreneurship and mentoring other lawyers and business professionals.


Laura Giokas is the firm's General Counsel, managing and coordinating all firm-related legal matters. In this role, Ms. Giokas also advises the firm on strategic and operational decisions and develops firmwide protocols and policies in the risk management area.

Prior to becoming General Counsel, Ms. Giokas practiced in the firm’s Commercial Litigation group, representing corporate clients in the areas of products liability defense, commercial litigation and employment litigation and advice. Her practice included the defense of products liability claims alleging personal injury and wrongful death. Ms. Giokas’s practice also included defending leading financial institutions against individual claims for violation of federal and state lending laws, mortgage servicing claims, and consumer protection and unfair competition claims.

Speaking Engagements:

"Restrictions on Practice/Client Indemnity & Other Troublesome Terms in Outside Counsel Guidelines," 43rd ABA National Conference on Professional Responsibility, June 2, 2017

 


Lucian T. Pera focuses his practice on commercial litigation, media law, and legal ethics work.  His civil litigation practice has ranged widely and includes a variety of commercial, personal injury and intellectual property litigation, as well as numerous state and federal appeals. Lucian has represented many media outlets in matters ranging from claims for defamation or invasion of privacy to access to courtrooms, public records and meetings of government bodies.

His extensive bar association work in the field of legal ethics and professional responsibility has resulted in him being elected, both locally in Tennessee and nationally, to bar association leadership positions.  This work also makes him a go-to lawyer nationally in the field of legal ethics and professional responsibility.  He advises attorneys, law firms, their clients, and businesses who deal with lawyers about all aspects of the law. Recent assignments have included defense of lawyers in disciplinary investigations and proceedings, counseling clients with disciplinary complaints and other claims against lawyers, advising law firms about loss prevention and claims, defending and prosecuting motions to disqualify lawyers or for sanctions, and advising innovative start-ups in the legal business.

Lucian regularly provides expert witness testimony in matters concerning legal ethics, professional responsibility and the standard of care for lawyers and law firms.

Amid rapid changes in the business of law, Lucian also counsels law firms and other entities developing new business models for the delivery of legal services.  He also advises individuals and organizations seeking to do business with lawyers about how they may do so legally and ethically.


Lynda C. Shely, of The Shely Firm, PC, Scottsdale, Arizona, provides ethics advice to over 1700 law firms in Arizona and the District of Columbia.  Prior to opening her own firm, she was the Director of Lawyer Ethics for the State Bar of Arizona.  Prior to moving to Arizona, Lynda was an intellectual property/antitrust associate with Morgan, Lewis & Bockius in Washington, DC.   Lynda received her BA from Franklin & Marshall College in Lancaster, PA and her JD from Catholic University in Washington, DC.  Lynda is a past president of the Association of Professional Responsibility Lawyers and the Scottsdale Bar Association.  She is chair of the ABA Standing Committee on Ethics and Professional Responsibility, an Arizona Delegate in the ABA House of Delegates, and a volunteer with several committees in Arizona and elsewhere involving legal ethics. She has been an adjunct professor at all Arizona law schools, teaching professional responsibility.

 


Mark L. Tuft is a partner with Cooper, White & Cooper LLP; principally engaged in professional liability, media law, civil and criminal litigation in federal and state courts.  State-wide practice as counsel to lawyers and law firms on professional responsibility, professional liability, law firm mergers and dissolutions and lawyer discipline.  Arbitrator, special master and mediator on lawyer-client and law firm disputes.

LEGAL EDUCATION

            LL.M., George Washington University, June 1972. Graduated with highest honors.

            J.D., Hastings College of the Law, June 1968.  Order of the Coif, Thurston Law Society, Hastings Law Journal.

PROFESSIONAL ASSOCIATIONS AND AWARDS

            ·          Certified Specialist in Legal Malpractice Law

·          Member, American Bar Association, Center for Professional Responsibility,  Editorial Board

            ·          President, Association of Professional Responsibility Lawyers

                                    (2012 - 2013)

·          Chair, State Bar Committee on Professional Responsibility and Conduct (1995 - 1996)

            ·          Member, State Bar of California Commission for the Revision of the Rules of                                            Professional Conduct (2001 – Present)

            ·          Member, Board of Directors, Bar Association of San Francisco

                        (1994 - 1997)

            ·          Chair, Bar Association of San Francisco Legal Ethics Committee

                        (1990 – 1992)

            ·          Bar Association of San Francisco Certificate of Merit Award

            ·          Spirit of the CEB Award

PUBLICATIONS AND TEACHING

            ·          Co-Author, California Practice Guide on Professional Responsibility 

                        (The Rutter Group, a division of Thomson Reuters)

            ·          Adjunct Professor, University of San Francisco School of Law (1997-2011)


Merri Baldwin is a shareholder at Rogers Joseph O’Donnell in San Francisco, where her practice focuses on attorney liability and commercial litigation.  She has significant trial and arbitration experience, and litigates claims of legal malpractice and breach of fiduciary duty, motions to disqualify and sanctions as well as business litigation matters.  She regularly counsels lawyers and law firms on legal ethics and law practice management issues and represents attorneys in disciplinary matters before the State Bar of California.  Ms. Baldwin has provided expert testimony in a number of jury trials as well as arbitrations.  Ms. Baldwin is a member of the California Lawyers Association Ethics Committee, and is a past chair of the State Bar of California Committee on Professional Responsibility and Conduct.  She is a co-chair of the Legal Malpractice subcommittee for the American Bar Association Litigation Section Committee on Professional Services Litigation.  Ms. Baldwin served as the President of the Bar Association of San Francisco for 2017 and is the former chair of BASF’s Litigation section.  Ms. Baldwin frequently lectures to attorneys and professional organizations on issues related to litigation, legal malpractice and ethics issues, and she is a lecturer at the University of California at Berkeley School of Law, where she teaches professional responsibility.  Ms. Baldwin co-edited The Law of Lawyers’ Liability (ABA/First Chair Press 2012) and has served as a consulting editor for the Attorney Fee Agreement Forms Manual, published by Continuing Education of the Bar, California.  Prior to law school, Ms. Baldwin was a Fulbright Scholar at the London School of Economics.

Education

J.D., University of California at Berkeley, School of Law

B.A., Smith College, Magna Cum Laude with high honors


Peter Jarvis is a partner in Holland & Knight's Portland office, where he practices primarily in the area of attorney professional responsibility and risk management. Mr. Jarvis advises lawyers, law firms, corporate legal departments and government legal departments about the law governing lawyers. This includes, but is not limited to, matters relating to conflicts of interest, duties of confidentiality, other legal or professional ethics issues, advice on the avoidance of civil or criminal liability, law firm breakups, and questions relating to law firm or legal department structure and operation. Mr. Jarvis also serves as an expert witness and is an avid lecturer for public and private/in-house continuing legal education seminars. 

He can be reached at peter.Jarvis@hklaw.net  or at (503) 504-8467.


Professor Sebok is an expert on legal ethics, litigation finance, tort law, and insurance law. Before coming to Cardozo in 2007, he was the Centennial Professor of Law and the Associate Dean for Research at Brooklyn Law School where he taught for 15 years. He was a Fellow in the Program in Law and Public Affairs at Princeton University from 2005-06, and in 1999, he was a Fellow at the American Academy in Berlin. Following law school, he clerked for Chief Judge Edward N. Cahn of the US District Court for the Eastern District of Pennsylvania. Sebok’s casebook, Tort Law: Responsibilities and Redress, which he coauthored with John Goldberg and Benjamin Zipursky, is used at several leading law schools. He is the author of Legal Positivism in American Jurisprudence, articles and essays on jurisprudence, and is the coeditor of The Philosophy of Law: A Collection of Essays. Sebok has served as an expert witness concerning issues of litigation finance and is the Ethics Consultant to Burford Capital.  He is a member of the American Law Institute and is an MPRE Subject Matter Expert for the National Conference of Bar Examiners.


Professor William Henderson is on the faculty at Indiana University Maurer School of Law, where he holds the Stephen F. Burns Chair on the Legal Profession. His research focuses primarily on the empirical analysis of the legal profession and has appeared in leading legal journals, including the Stanford Law Review, the Michigan Law Review, and the Texas Law Review.  Professor Henderson regularly publishes articles in The American Lawyer, The ABA Journal, and The National Law Journal.  His observations on the legal market are also frequently quoted in the mainstream press, including the New York Times, Wall Street Journal, Los Angeles Times, Atlantic Monthly, The Economist, and National Public Radio.

Based on his research and public speaking, Professor Henderson was included on the National Law Journal’s list of The 100 Most Influential Lawyers in America (complied every ten years).  In 2015 and 2016, he was named the Most Influential Person in Legal Education by The National Jurist magazine.

In addition to his research and teaching, Professor Henderson has participated in several legal innovation initiatives:

  • 2018 to present: Co-founder of the Institute for the Future of Law Practice (IFLP, “i-flip”), a nonprofit that designs and delivers curricula and training for T-shaped legal professions (i.e., law combined with data, process, technology, design principles, and business).
  • 2017 to present: Founder and editor of Legal Evolution, an online applied research publication focused on successful legal industry innovation.
  • 2010-2016: Co-founder of Lawyer Metrics, an applied research company that helps lawyers and law firms use data to make better operational and strategic decisions. Lawyer Metrics (now LawyerMetrix) was acquired by AccessLex Institute in 2015.

 


Toby J. Rothschild is Of Counsel to OneJustice, providing ethics training and counselling to legal services programs in California.  He retired after serving as the General Counsel of the Legal Aid Foundation of Los Angeles for 13 years. Prior to that, he was the executive director of the Legal Aid Foundation of Long Beach for 28 years and Interim Executive Director of LAFLA.  He graduated from UCLA School of Law in 1969, and has worked at legal aid programs since graduation.  He has been the president of the Long Beach Bar Association and was Vice Chair of the California Commission on Access to Justice.  Toby served as a member of the State Bar Committee on Professional Responsibility and Conduct, a member of the California Lawyers Association Ethics Committee, a member of the Orange County Bar Professionalism and Ethics Committee, and Chair of the Professional Responsibility and Ethics Committee of the Los Angeles County Bar. He was liaison on access to justice issues to the first commission which drafted the proposed new California Rules of Professional Responsibility, and was a member and vice chair of the second Rule Revision Commission.  He also has served as a member of the State Bar Judicial Nominees Evaluation Commission and as co-vice chair of the State Bar Task Force on Access Through Innovations in Legal Services.