To Dream the Impossible Dream – Lawyers and unwaivable conflicts

Date: Monday, February 10, 2014
Time: 12:00 PM - 1:30 PM
Location: MAC 405 Washington Avenue
Speaker: Bradley Winters


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Topic: To Dream the Impossible Dream -- Lawyers and unwaivable conflicts.

About the Talk: A presentation that begins with an overview of the general conflict rules as well as the more specific rules (e.g. lawyers doing business with clients).  The presentation will explore how some firms always seem able to avoid conflicts and whether they really avoided them.  Which conflicts can be waived?  Which can’t?  What MUST you do to waive conflicts?  What SHOULD you do to waive conflicts?  Do you really want to waive that conflict?  What are the perils of waivers…especially those really close to the line.  What has happened to firms that have failed to secure proper waivers of waivable conflicts or proper waivers of un-waivable conflicts?  We worry about the Bar and the licensing arms of the Bar and state supreme courts, but what can trial and appellate courts do to lawyers who secure waivers of unwaivable conflicts or improper waivers of waivable ones? 

Speaker bio:

Mr. Bradley Winters has been a trial lawyer in St. Louis for over 32 years. He attended Trin ity University in San Antonio, TX and the Washington University School of Law where he graduated Order of the Barristers in 1981. Brad has enjoyed an AV rating since he was first rated by his peers in the 1980s and is listed in Best Lawyers in America.

Before forming Sher Corwin Winters, Brad was a partner at SNR Denton (formerly Sonnenschein Nath & Rosenthal) (2000-2012) and a partner at Thompson Coburn (1988-2000). In the past three decades he has handled a wide variety of commercial, patent, labor, construction, class action, product liability, land use, FELA and complex tort cases. Brad has been involved in personal injury cases involving orthopedic, repetitive trauma, closed head, pulmonary and hearing loss injuries and in product liability cases involving chemical exposure, elevator falls, consumer products, railroad equipment, handguns and asbestos.

On the commercial side, for the past 25 years Brad has been counsel to THF Realty - one of the nation's largest private real estate developers and has worked on a wide range of disputes with builders, engineers, lenders, regulatory agencies, co-venturers, communities and neighbors. He has handled patent and trademark cases including fiber-optic technology, consumer products, industrial equipment, virus vectors, motorcycle designs and furniture designs. Brad has tried cases to successful verdicts for THF Realty, Monsanto, the St. Louis Rams, Union Pacific Railroad Company and many other companies, cities and individuals.

Brad is an experienced neutral who has been on the United States District Court for the Eastern District of Missouri's approved mediator list for many years. He has mediated cases ranging from personal injury to patent infringement.

Brad is the author of The 48 Secret Rules of Lawyering, a book of advice, observations and aphorisms that he compiled over three decades of practice. He has given away thousands of copies of The 48 Secret Rules to lawyers and other professionals. Brad is a frequent speaker at national conferences on professionalism, legal ethics and trial practice.

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