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Ethics For Advertising Lawyers

Length: 1 hour 50 minutes

Advertising lawyers confront many novel ethical issues as a result of their unique practice area.  Some of these issues grow out of the “tripartite” relationship among the attorney, advertising agency, and advertising client.  Others arise because advertising lawyers often find themselves on the cutting edge of technology, social media, and digital communications – areas that are of increasing concern to disciplinary authorities and ethics committees.  This program addresses the ethical and professional responsibility issues that lawyers face when counseling their clients on advertising and marketing issues.  Using commonly encountered hypotheticals, this program will cover:

•    Identifying and resolving conflicts of interest when negotiating between conglomerates
•    Advising clients on intellectual property issues that may implicate other clients’ rights
•    Simultaneously representing companies and company executives
•    Protecting the attorney-client privilege when communicating with a client’s advertising agency
•    Counseling advertising and brand clients on social media use
•    The ethical risks of digital storage and communication
•    Ethical considerations in regulatory investigations
•    The impact of self-regulatory codes on attorney conduct
•    When a lawyer can be liable for a client’s conduct

CLE credit: New York: 2.0 ethics. New Jersey: 2.2 professional responsibility. California & Pennsylvania: 2.0 professional responsibility.

Agenda

9:00 - 9:10    Introduction

9:10 - 9:40      Identifying and resolving conflicts of interest in the advertising law setting

9:40 - 9:55    Ethical obligations when negotiating with either represented or non-represented parties

9:55 - 10:10    Protecting the attorney-client privilege in communications between advertising agency and client

10:10 - 10:50    Special ethical considerations when advising the advertising client

10:50 - 11:00    Q&A


Original Recording Date: 10/17/2014


Produced By:

New York City Bar Association

Course Materials

  • Coursebook
  • Affirmation of Self-Study