Ethics for Transactional Lawyers
This program will explore ethical issues from a transactional lawyer's perspective. Using the ABA's Model Rules of Professional conduct as a guide, we'll consider sticky situations that often arise in the course of negotiating and drafting contracts, like these:
- what is required for "competent" representation?
- where does zealous representation cross into deception, and is deception ok?
- how one-sided should a contract be?
- what if the opposing party drafts a contract that contains materially incorrect assumptions about the law or facts, but the incorrect assumptions benefit your client?
- what if the opposing party is represented by counsel, but wants to discuss contract terms directly with you?
- if you represented the seller in a merger, is the acquiror entitled to access your privileged communications?
can you use the metadata in a contract drafted by opposing counsel?
- The following ABA Model Rules of Professional Conduct are discussed: 1.1; 1.2; 1.4; 4.1; 4.2; 4.4; and 5.3, and more.
Lenné Espenschied, Esq.
Lenné Eidson Espenschied has earned her status as one of the Top 3 contract drafting speakers in the country by continually striving for excellence and providing innovative, practical, skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses.
She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011).
After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.