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The Law and Ethics of NewLaw 2021


Speaker(s): Alyx Pattison, Anthony E. Davis, Anthony Sebok, Arthur J. Lachman, Ed Scanlan, Eric T. Cooperstein, Gordon Smith, Joshua Lenon, Kevin Chern, Lucian T. Pera, Lynda Shely, Mark L. Tuft, Merri A. Baldwin, Nicole Hyland
Recorded on: Oct. 7, 2021
PLI Program #: 307080

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.


Arthur J. Lachman practices in Seattle, Washington, focusing on legal ethics, professional liability, and law firm risk management issues. A 1989 graduate of the University of Washington School of Law, he clerked on the Ninth Circuit Court of Appeals, has practiced as a commercial litigation attorney, and has taught civil litigation and ethics subjects at both Puget Sound area law schools. Art has served as President of the Association of Professional Responsibility Lawyers (APRL) and chair of the ABA Center for Professional Responsibility’s National Conference Planning Committee. He is currently Co-Chair of APRL’s Future of Lawyering Committee, a comprehensive effort to propose reforms designed to bring lawyer ethics rules governing the regulation of the legal profession into the 21st Century. He is co-author of The Law of Lawyering in Washington, published by the Washington State Bar Association, and served as chair of the WSBA Rules of Professional Conduct Committee from 2008 to 2010. He holds bachelor’s and graduate degrees in accounting from the University of Illinois at Urbana-Champaign.


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.


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, where her practice focuses on attorney liability and commercial litigation.  She handles claims of legal malpractice and breach of fiduciary duty, as well as motions to disqualify and for sanctions.  She regularly counsels lawyers and law firms on legal ethics and law practice management issues.  She represents attorneys in disciplinary matters before the State Bar of California, and has extensive experience handling attorney-client fee disputes.  Ms. Baldwin is a Vice-Chair of the State Bar of California’s Closing the Justice Gap Working Group.  Ms. Baldwin is a former chair of the State Bar of California Committee on Professional Responsibility and Conduct, and is currently a member of the California Lawyers Association Ethics Committee.  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.  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.  Ms. Baldwin co-edited The Law of Lawyers’ Liability (ABA/First Chair Press 2012) and since 2006 she 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 (Boalt Hall)

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


Nicole Hyland is a Partner at Frankfurt Kurnit Kurnit Klein & Selz, as well as Deputy General Counsel for the firm.  She counsels lawyers and law firms on risk management and ethics issues, such as retainer agreements, conflicts of interest, legal fee disputes, escrow issues, multijurisdictional law practice, lateral transitions, and more. In addition, she assists lawyers who are forming or restructuring their law firms, including drafting partnership agreements, advising on compensation structures, and establishing law firm policies and procedures.  She also represents lawyers and law firms in disciplinary proceedings, disqualification motions, malpractice cases, partnership disputes, and other disputes relating to the practice of law. 

Ms. Hyland serves as the Chair of the New York Women’s Bar Association Ethics Committee. She is the immediate past Chair of the Committee on Professional Ethics of the New York City Bar Association and she now serves as a member of a supervisory committee that provides guidance to the New York City Bar’s Ethics Hotline, a free resource for all New York state attorneys. 

Ms. Hyland frequently writes and lectures on legal ethics and professional responsibility issues.  She is the co-author, along with Professor Roy Simon, of the 2015, 2016, 2017 and 2018 editions of Simon’s New York Rules of Professional Conduct Annotated. 


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.


Dean Smith is a leading figure in the field of law and entrepreneurship and has done foundational work on fiduciary theory. He has also made important contributions to the academic literature on corporate governance and transactional lawyering.

After writing extensively about venture capital contracts early in his career, Dean Smith began thinking more broadly about the connections between law and entrepreneurship. Among other works, two articles with Darian Ibrahim of William & Mary Law School are aimed at advancing the nascent field of law and entrepreneurship. Law and Entrepreneurial Opportunities, 98 Cornell L. Rev. 1533 (2013); Entrepreneurs on Horseback: Reflections on the Organization of Law, 50 Ariz. L. Rev. 71 (2008). Dean Smith served as the associate director of the Initiative for Studies in Technology Entrepreneurship at the University of Wisconsin, where he launched the annual Law & Entrepreneurship Retreat. More recently, he co-founded (with Brian Broughman of the Indiana University School of Law) the Law & Entrepreneurship Association, a scholarly society that encourages the study of law and entrepreneurship by organizing conferences and building networks of scholars. He is also one of the founding faculty members of the Crocker Innovation Fellowship at BYU.

A Delaware corporate lawyer, Professor Smith has written extensively on fiduciary law, including two foundational pieces -- The Shareholder Primacy Norm, 23 J. Corp. L. 277 (1998) and The Critical Resource Theory of Fiduciary Duty, 55 Vand. L. Rev. 1399 (2002) -- that have become standard citations in the field. One of his more recent works, Fiduciary Discretion, 75 Ohio State L.J. 609 (2014) (with Jordan C. Lee), continues his effort to build an overarching theory of fiduciary law. Professor Smith also co-authors a popular teaching casebook, Business Organizations: Cases, Problems & Case Studies, with Professor Cynthia Williams of Osgoode Hall Law School of York University, and he is editing The Research Handbook on Fiduciary Law (Edward Elgar) with Andrew Gold of DePaul University College of Law.

Throughout his career, Dean Smith has been active in developing scholarly communities. In 2004 he co-founded (with Christine Hurt, also of BYU Law School) The Conglomerate Blog, a popular law professor blog focusing on business law. He has served as Chair of the Section on Business Associations in the American Association of Law Schools (AALS), and he participated in the creation of the Section on Transactional Law and Skills, for which he currently serves as Secretary. In 2009 he served on the planning committee for the AALS Workshop on Transactional Law. During that same year, he co-founded the annual Rocky Mountain Junior Scholars Forum. In 2012 he co-founded (with Afra Afsharipour of UC Davis School of Law) the Transactional Law Workshop, a monthly virtual gathering of transactional law scholars. And in 2013, he co-founded (with Colleen Baker) the Business Ethics Book Club, a virtual book club of law professors, who meet once a semester to discuss a recent work on business ethics.

During his five years as the Associate Dean of Faculty and Curriculum (2009-14), BYU Law School developed a large number of new course offerings, including a Law and Entrepreneurship Clinic. He has taught at six law schools in the U.S., as well as law programs in Australia, China, England, Finland, France, Germany, and Hong Kong. Before entering academe, Dean Smith clerked for Judge W. Eugene Davis in the United States Court of Appeals for the Fifth Circuit and was an associate in the Delaware office of the international law firm Skadden, Arps, Slate, Meagher & Flom.


Eric T. Cooperstein started his private law practice devoted to legal ethics in the fall of 2006. He has represented hundreds of lawyers and law firms in ethics and law-practice related matters. Eric is a former Senior Assistant Director of the Office of Lawyers Professional Responsibility, where he worked from 1995 to 2001, and a former member of the 4th District Ethics Committee, on which he served from 2003 through April 2007.

Eric currently serves on the boards of Minnesota Continuing Legal Education and Minnesota Lawyers Mutual Insurance. He is a recent past president of the Hennepin County Bar Association (HCBA)(2013-2014) and current chair of the Hennepin Lawyer magazine committee. Eric also chaired MSBA’s Rules of Professional Conduct Committee from July 2009 through June 2012. Eric is a member of the Association of Professional Responsibility Lawyers (APRL) and served on the 2007-08 Minnesota Supreme Court’s Advisory Committee regarding the Attorney Discipline System.


Joshua Lenon is the Lawyer in Residence at Clio. An attorney admitted to the New York Bar, Joshua brings legal scholarship to the conversations happening both within Clio and with its customers. Joshua has worked extensively to educate lawyers on technology’s capability to enhance their practice, while also teaching tech companies about the unique needs of the legal system.


Serial technology entrepreneur, CEO, advisor and investor.

Currently building Bridge Legal, a software platform for small to mid-sized consumer law firms enabling them to grow market share profitably by optimizing marketing, client intake and accounts receivable through the use of automation, messaging and data analysis.

Inducted into the Chicagoland Entrepreneurship Hall of Fame, was listed in Crain's Chicago Business 40 under 40, named Collegiate Entrepreneurs' Organization's Young CEO of the Year, and was a Midwest Finalist for the Ernest and Young Entrepreneur of the Year Award. Featured in multiple publications including the New York Times, Business Week, Inc., Smart Money, Crain's Chicago Business, and the Chicago Tribune.

Previously, founded Total Attorneys in 2002 in an apartment in Chicago’s Bucktown neighborhood and bootstrapped the company to over $30 million in annual revenue. Founding CEO for ten years. The company listed twice on the INC. 500 list (#169 in 2008 & #219 in 2009) and Crain’s Chicago Business Fast 50 (#2 in 2008 & #4 in 2009).