Clients Make the Practice of Law Possible: How Much Influence Do They Have? Part 2: Who’s the Boss? Lawyer or Client? | CPDonline.ca

Clients Make the Practice of Law Possible: How Much Influence Do They Have? Part 2: Who’s the Boss? Lawyer or Client?

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Credits
Professionalism (Ethics, etc.): 2.25
135 minutes
Published
2017
Presenter(s)
Arleen Huggins
Shelley C. Quinn
Seth Weinstein
Michael White
Source
Toronto Lawyers Association (TLA)
Provider
CPDOnline.ca
Language
English
Length
135 minutes
Price
$149.00 plus tax
7th Annual Current Topics in Ethics & Professionalism
Includes Handouts

The second half of this presenation will address the decisions at the core of a lawyer’s work. There are decisions that don’t require a client’s input and others that do. But, what about the decisions in between? Experts in their field will discuss common challenges to the decision-making process and share best practices to steer you out of trouble!

Best Practices for Analyzing Ethical Dilemmas

  1. What to do when a client wants to plead guilty to something they didn’t do?
  2. What decisions do a criminal law client get to make?
  3. When acting for an organization, the challenges of receiving instructions from an individual:
    1. What do you do when you’re not sure the advice you are giving is not getting back to the organization as a whole?
    2. How do you overcome looking like you are circumventing the person?
    3. What if that client came from another partner in the firm (how do you deal with that delicacy)?
    4. What if your advice may not be in the best interest of the organization?
  4. What to do when the client wants to hide relevant information from the other side? How do you handle the rules of confidentiality in this instance? How do these kinds of decisions impact young lawyers or sole practitioners when their livelihood could be at stake?
  5. The importance of controlling your client when emotions run high and people don’t always make the best decisions
    1. How can coaching and active listening help a lawyer to manage client’s emotions?
    2. How a lawyer can attract clients based on shared values and avoid difficult clients (language on a lawyer’s website can screen out certain clients)
    3. What do to when you’re dealing with a client who has a personality disorder?
  6. How to handle clients who put all their trust in you and don’t challenge your advice?
  7. How to establish a relationship with clients so that decisions are made collaboratively when necessary?
    1. When it’s time to withdraw your services as a lawyer because a client wants you to do something unethical?

Presenters

Arleen Huggins Partner

Arleen Huggins is a Litigation Partner at Koskie Minsky LLP and heads the firm's Employment Law Gro up.

Arleen's expertise lies in employment law and human rights and commercial litigation. In the employment law area, Arleen acts on behalf of both employers and employees. Arleen is sought to provide opinions and to litigate all types of employment-related disputes at various court levels, including the Ontario Superior Court of Justice, the Divisional Court, the Court of Appeal and administrative tribunals. She has extensive experience drafting and negotiating complex employment contracts and related documents, including non-solicitation and non-competition agreements and shareholder agreements for employers and executives. She also represents both employer and employees in disability claims and in the area of human rights. She also has expertise in investigating workplace harassment and discrimination allegations and related matters. Arleen's commercial litigation practice, with a particular emphasis on beneficial ownership interests, includes both the resolution of disputes, as well as litigating at various court levels, including the Ontario Superior Court of Justice, the Divisional Court, the Court of Appeal and administrative tribunals. Arleen is a regular speaker for the Ontario Bar Association, Law Society of Upper Canada, Osgoode Hall Law School Professional Development and Toronto Lawyers Association.

Arleen has been a strong and passionate voice in advocating for inclusiveness for racialized lawyers within the profession. In her capacity as a former CABL Executive Board Member (including Chair) and Chair of CABL's Advocacy Committee, Arleen worked diligently  to  advocate for  equity and diversity in the legal profession and to introduce strategies and initiatives to overcome the barriers and challenges experienced by racialized lawyers and racialized female lawyers. Arleen was also Chair of the OBA Equal Opportunity Committee for two years; and a member of CBA Standing Committee  on Equity for  five years, two of which as Chair.

Shelley C. Quinn

After 18 years with the Department of Justice Canada, Shelley opened her practice, Quinn Family Law, in January 2014.

She graduated from Osgoode Law School in 1996 and was called to the Ontario Bar in 1998. Shelley earned an LL.M. in family law from Osgoode in 2014.  Shelley articled with the Department of Justice Canada in Toronto, and was litigation counsel with the DOJ from 1998 until January 2014, leading teams conducting complex civil litigation.

She represented federal clients as varied as the RCMP, Corrections Canada, National Defence, the Department of Indian and Northern Affairs, the Canada Revenue Agency and Treasury Board. She has appeared before the Federal Court of Canada, the Federal Court of Appeal, the Ontario Superior Court of Justice, Court of Appeal, Divisional Court and the Tax Court of Canada, as well as the Canadian Human Rights Tribunal and the Public Service Labour Relations Board.

Seth Weinstein

Seth Weinstein is a partner at Greenspan Humphrey Weinstein with an advocacy practice focused on criminal trials, regulatory offences and professional discipline matters. He is a director of the Criminal Lawyers Association (“CLA”). For seven years prior to becoming a director, Seth was the co-editor of the CLA publication, For The Defence.

Seth is an adjunct professor at Osgoode Hall Law School and a frequent presenter at continuing legal education programs. He is the author of a number of papers on criminal law issues and the co-author of "Corporate Criminal Liability: Principals and Principles" in The Controlling Mind – Exercising Legal Control: Its Obligations and Liabilities, ed. Barry Lipson (2012, Carswell) and “Prosecuting and Defending Extradition Cases:  A Practitioner’s Handbook” (2017, Emond).

Michael White

Michael White is a partner with Kostyniuk & Greenside where his practice focuses on defending product liability, insurance and municipal law claims. Michael's professional experience includes appearing as lead counsel in the Ontario Superior Court of Justice on both jury and judge alone trials. Michael has also represented clients in the Divisional Court, the Ontario Court of Appeal and at Arbitrations before the Financial Services Commission of Ontario.

Michael is presently a Trustee of the Toronto Lawyers Association and a former executive member of the Ontario Bar Association’s Alternative Dispute Resolution Committee. Michael obtained his B.A. from Queen’s University (1997), his LLB from the University of Windsor (2004) and his Certificate in Dispute Resolution from York University (2003).

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