Oct 09 2017

Womble Carlyle lawyer Gregg Skall will moderated a Federal Communications Bar Association CLE titled ““Ethical Negotiations: How to Cut a Deal but Keep Your Principles” and “What an Ethical Telecom Lawyer Should Do to Avoid Malpractice Suits.” This two-part Continuing Legal Education program will focus two topics important to telecommunications practitioners: how to effectively negotiate within ethical parameters and how to conduct a telecommunications practice without falling into malpractice traps.

Skall will be joined by attorneys Rachel Cotton of Zuckerman Spaeder LLP, Matt Kaiser of Kaiser Dillon PLLC and Amy Richardson of Harris, Wiltshire & Grannis LLP. The event takes place Tuesday, Oct. 24 in Washington, D.C.

In the first part of the event, the panelists will discuss how the ethics rules apply to negotiations arising out of cases, controversies and transactions. The following topics will be discussed:

  • What is the ethical line between puffery and deceptive practices?
  • Why does it matter ethically to know what you are doing?
  • When, if ever, can a lawyer deal directly with opposing counsel’s client under Rule 4.3?
  • What steps do you need to take to safeguard client confidences under Rule 1.6?
  • What “punishments” apply to unethical negotiators?

In the second part, the panelists will discuss the elements of a legal malpractice claim, how to prevent, minimize and survive such a claim, and particular telecommunications-related snags to avoid. The following topics will be discussed:

  • The elements of a valid malpractice claim;
  • Creating an institutional culture that minimizes the risk of malpractice claims;
  • Disclosure obligations, internal privilege and preservation of materials related to the claim;
  • Special telecommunications issues including tricky filing deadlines and other common malpractice traps.

Gregg Skall represents broadcasters and other parties in their regulatory dealings before the Federal Communications Commission and in their commercial business dealings. He serves as Washington Counsel to several state broadcaster associations. He also works with telecommunications companies and with radio device manufacturers to obtain FCC approvals.