Legal Ethics: The Limits of Aggressive Counsel
With Barry Kaye, Esq. and Alan Broidy, Esq.
1 Hour CA-Bar Approved MCLE Ethics Credit
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The best lawyers know how to turn “No” into “Yes.” They can devise novel legal arguments and persuade juries to consider new points of view that win cases for their clients. Yet, at some point is there a limit to novel thinking and aggressive tactics? This course will explore the potential risks inherent in counseling a client to take an overly aggressive or speculative approach to a case. Instructors Barry Kaye, Esq., a practicing attorney and Lecturer at Berkeley Law, and Alan Broidy, Esq., a bankruptcy attorney in practice for 36 years, discuss situations where representation can cross the line between aggressive and unethical:
- Examples of cases where attorneys faced malpractice claims for overly aggressive counsel.
- Understanding aggressive counsel in the context of CA Code of Professional Conduct Rule 3-200, Prohibited Objectives of Employment.
- Understanding aggressive counsel in the context of CA Code of Professional Conduct Rule 3-110, Failing to Act Competently.
Barry KayeBarry Kaye, Esq. is a member of the faculty at Berkeley Law (Boalt Hall) and an innovative and detail-oriented attorney with a reputation for bringing people together and structuring complex transactions. His entrepreneurial character and versatile skill set have allowed Mr. Kaye to move deftly between the law and business and weave a unique, well-diversified practice. Mr. Kaye’s professional history shows experience and expertise in three main areas: intellectual property, real estate and business. After graduating from law school, Mr. Kaye clerked for U.S. District Judge A. Andrew Hauk in Los Angeles.Following his clerkship, Mr. Kaye joined Hennigan, Mercer & Bennett, where he was part of the team that successfully represented Orange County in their bankruptcy and securities litigation. His areas of practice currently include real estate, intellectual property and general business transactions and litigation. He has also developed an expertise in the state and federal “Do Not Call” regulations. In addition to practicing law, Mr. Kaye maintains a profile in the real estate and finance worlds. He earned his JD in 1994 from the Benjamin N. Cardozo School of Law and is an active member of the California and New York bars.
Alan F. Broidy
Alan F. Broidy, Esq. represents creditors and debtors in all aspects of bankruptcy and bankruptcy litigation, including relief from stay, dischargeability and other issues. After graduating from UCLA in 1976 summa cum laude in political science and Phi Beta Kappa, Broidy earned his law degree from UCLA and was admitted to the Central District of California in 1979.
Mr. Broidy was associated with Poindexter & Doutre through 1985, and with Danning, Gill, Gould, Diamond & Spector through early 1988, when he became a principal of Rosen & Broidy. In August, 1991, Mr. Broidy formed his own firm where he continues to specialize in debtor/creditor rights in state and federal court, including representing receivers, trustees, secured creditors, and debtors in litigation in state court and bankruptcy court.
Also available in audio CD format.