Friday, December 13, 2019

Gallup Riverfront Campus

1001 Gallup Drive, Omaha, NE 68102

1:00 - 3:30 p.m.




1:00-1:15   Welcome and Introductions

1:15-1:45   Ethical Issues When Responding to External Investigations, Bankruptcy Matters, and Audit Response Letters   Jason R. Yungtum / Michael J. Whaley / Gary R. Batenhorst

This presentation will discuss how to protect the attorney-client and work product privileges in three scenarios.  These scenarios include when responding to external investigations by governmental authorities, pursuing claims in bankruptcy matters, and commenting on pending litigation when responding to audit request letters in connection with the annual audit of the financial statements of your client.   

1:45 - 2:15   To "CC" or Not to "CC" - An Ethics Guide for Ex Parte Contacts    Andre R. Barry / Jaclyn L. Klintoe  

Court contacts, whether with a judge, law clerk, or other courthouse staff, require careful analysis of an attorney’s ethical obligation not to have improper, ex-parte communications with the court.  Contacts with the staff of administrative agencies can raise similar concerns.  This presentation will serve to clarify those obligations as they relate to: (1) communications initiating a court hearing/proceeding, (2) communication after a hearing/proceeding is set, (3) emergency court contacts, and (4) mediations and other informal proceedings.

2:15 - 2:30   Business Break

2:30 - 3:00   2019 Update on Ethics Opinions and Disciplinary Cases   Amanda C. Carter / Sydney M. Huss / Brittney M. Holley

This presentation will summarize important developments over the last year in legal ethics and lawyer discipline. It will focus both on ethics opinions and disciplinary cases, reviewing those opinions and highlighting their significance to the practice of law in Nebraska.   

3:00 - 3:30   The Nebraska Bar's Ethics Opinion on 'The Cloud' - Right Answer, Wrong Questions   Richard P. Jeffries

This year, the Nebraska Bar Ethics Advisory Committee adopted an opinion, very similar to that of other states, indicating it is acceptable to use “The Cloud” for legal work.  There is no such thing as The Cloud – there are only other people’s computers.  The entire internet is made up of other people’s computers, and we’ve been doing legal work on it for over twenty years.  Rick Jeffries – privacy professional, technology adviser, trial lawyer – takes a hard look at the Nebraska opinion and its ilk, and asks the questions every practitioner should be asking in order to understand, as the Rules require, “the risks and benefits of relevant technology,” whether or not it’s in The Cloud.