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School Law: The Ethics of Being, Working with, or Opposed by In-House Counsel; plus Conflicts of Interest

Contains material from Mar 2014

School Law: The Ethics of Being, Working with, or Opposed by In-House Counsel; plus Conflicts of Interest
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Session 1: A View from the Inside: The Ethics of Being, Working with, or Opposed by In-House Counsel - Many school districts have hired in-house counsel in the last decade and they will tell you, in-house counsel wear many different hats. Oftentimes, your in-house counsel is the most knowledgeable employee about any given situation, but that raises many questions. Can they be a witness for the school district? If you are outside counsel for a school administrator or school district, should you be cautious about using the in-house attorney as an investigator, for fear they can't be a witness, without violating the attorney-client privilege? If you are an employee's attorney, can you call the in-house counsel as a witness—and when? A look at the ethical rules governing the role of in-house counsel, including Rule 3.08 ("the Lawyer as Witness") from all perspectives—inside, outside and across the aisle.

Session 2: Conflicts of Interest - Discussion of conflict of interest issues generally applicable to School District Trustees (e.g. nepotism, dual office-holding, disclosure etc.) with a specific look at conflict of interest and related ethical issues unique to attorneys who serve as a Trustee or in an administrative position other than legal counsel.

Includes: Audio Paper Slides


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1. A View From the Inside: The Ethics of Being, Working With, or Opposed by In-House Counsel (Mar 2014)

Christopher B. Gilbert, Marney Collins Sims

1.00 1.00 0.00
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(mp3)
55 mins
(pdf)
14 pgs
Slides
(pdf)
19 pgs
Session 1 —55 mins
A View From the Inside: The Ethics of Being, Working With, or Opposed by In-House Counsel (Mar 2014)

Many school districts have hired in-house counsel in the last decade and they will tell you, in-house counsel wear many different hats. Oftentimes, your in-house counsel is the most knowledgeable employee about any given situation, but that raises many questions. Can they be a witness for the school district? If you are outside counsel for a school administrator or school district, should you be cautious about using the in-house attorney as an investigator, for fear they can't be a witness, without violating the attorney-client privilege? If you are an employee's attorney, can you call the in-house counsel as a witness—and when? A look at the ethical rules governing the role of in-house counsel, including Rule 3.08 ("the Lawyer as Witness") from all perspectives—inside, outside and across the aisle.

Originally presented: Feb 2014 School Law Conference

Christopher B. Gilbert, Thompson & Horton LLP - Houston, TX
Marney Collins Sims, Cypress-Fairbanks ISD - Houston, TX

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2. Conflicts of Interest (Mar 2014)

Peter K. Rusek

0.75 0.75 0.00
Preview Materials

Download session materials for offline use

(mp3)
43 mins
(pdf)
31 pgs
Session 2 —43 mins
Conflicts of Interest (Mar 2014)

Discussion of conflict of interest issues generally applicable to School District Trustees (e.g. nepotism, dual office-holding, disclosure etc.) with a specific look at conflict of interest and related ethical issues unique to attorneys who serve as a Trustee or in an administrative position other than legal counsel.

Originally presented: Feb 2014 School Law Conference

Peter K. Rusek, Sheehy Lovelace & Mayfield - Waco, TX