The Federalist Society offers a unique opportunity to attorneys from Minnesota, New York, and California, to fill the CLE credit known as Diversity/Elimination of Bias credit.
CLE will only be applied for in these three states.
There will be no charge for this event.
Electronic Sign-in link: (CLICK HERE)
CLE Materials: Link (CLICK HERE)
Diversity CLE Teleforum 2018: Litigation For A Higher Cause
Representing a client with religious or spiritual motivations can pose unique problems for attorneys in representing these clients. Problems might occur surrounding how the client wants the case to be handled, or how the attorney chooses to litigate the case. In dealing with clients and how to possibly resolve issues surrounding religion, the best source to discover what can and cannot be done is the Model Rules of Professional Conduct (MRPC). While each state can determine whether or not to adopt the MRPC, it serves as a baseline in determining the course of action if a dispute regarding the client's religion is involved.
Important rules that might help to answer these questions could be Rule 1.3, 1.16, 2.1, and 8.4. For Rule 1.3 (Diligence), the attorney has the duty to act with diligence in representing the client and as stated by comment 1 of this rule act "despite opposition, obstruction, or personal inconvenience to the lawyer." The lawyer may also act with professional discretion in how the action is handled. Therefore, the attorney has some room to act in the best interest of the client if there is some issue surrounding religion or spirituality.
Rule 1.16 (Declining Or Terminating Representation), the attorney can decline to take a prospective client's case or withdraw from the case if the client wants the attorney to break some law, the client wants to choose a course of action repugnant and is fundamentally disagreeable to the attorney. This rule also provides the ability for the attorney to refuse to help a prospective client if before the relationship occurs the attorney might be aware that a possible issue could arise due to the client's religious or spiritual beliefs.
Rule 2.1 (Advisor), in performing their duties, an attorney can give other advice rather than legal, which can include moral, economic, social, and political considerations relevant to the case. Here, the attorney has the ability to make the client aware of how their religious or spiritual obligations could affect the case, and whether pursuing those options would create the best outcome.
Rule 8.4 (Misconduct) applies because it deals with professional misconduct and includes language that prohibits attorneys from discriminating on the basis of a number of factors including religion. The language referring to anti-discrimination is part g of the rule. Many states have not adopted this rule or have adopted the rule in part. But a violation of Rule 8.4 could result in a disciplinary action against the attorney.
Featuring:
Prof. James A. Sonne, Professor of Law and Director, Religious Liberty Clinic, Stanford Law School
Walter Weber, Senior Litigation Counsel, American Center for Law and Justice

**Additional CLE Instructions:

Please check this event page the morning of the event, where there will be a dropbox link to download all CLE Materials including the links for the online Certificate of Attendance, Evaluation Form, and the PDF Written Materials.
Call into the Teleforum number 1-888-752-3232 before 1:55 p.m. ET on Monday, October 22.
An electronic sign-in link will go live 10 minutes before the call start time. Please make sure to electronically sign in using this link at the beginning of the call, within 10 minutes of the start time of the call.
Listen for the "Unique Program Codes" during the call and enter those codes on your Certificate of Attendance to verify your attendance.
Fill out your Certificate of Attendance and Evaluation Form that will be accessible on the event page up until the conclusion of the event, within 14 days of the conclusion of the program.