Navigating Ethical Pitfalls Posed by Conflicts of Interest

Scott B. Garner is a partner at Umberg Zipser LLP in Irvine, California, specializing in complex business litigation, professional liability disputes, and ethics counseling. He represents law firms and individual lawyers in pre-litigation and litigation involving legal malpractice, ethical violations, and securities fraud related to litigation, transactional, probate, and intellectual property matters. Scott recently achieved a complete defense verdict in a legal malpractice jury trial and consults on legal ethics, serving as an expert witness on ethics and standard of care issues. He also defends lawyers in State Bar disciplinary proceedings.

Scott represents public and private companies in cases involving contract disputes, intellectual property, business torts, and securities litigation. Notably, he secured a $47 million jury verdict in an interference with contract case, recognized as a top verdict of 2022.

Active in bar and community organizations, Scott was the 2020 OCBA President and 2021 OCBA Charitable Fund President. He co-chairs the OCBA Professionalism and Ethics Committee and has held leadership roles in the California State Bar’s Committee on Professional Responsibility and Conduct, the California Lawyers Association Ethics Committee, and the Orange County Chapter of the Association of Business Trial Lawyers.

Scott has been recognized as a Top Professional Responsibility Lawyer by the Daily Journal (2022-2023), a “Best Lawyer” since 2020, and a “Super Lawyer” since 2015. He earned his JD cum laude from Harvard Law School in 1991 and his BA with distinction from Stanford University in 1988.

Todd Smith specializes in complex business litigation in state and federal courts. He represents companies and individuals in cases involving partnership disputes, shareholder and derivative litigation, breach of contract and fiduciary duty claims, financial services litigation, real estate disputes, intellectual property rights, trade secrets, and unfair competition. He also defends law firms and lawyers in legal malpractice cases. Todd has experience in trials, arbitrations, mediations, appeals, regulatory proceedings, and internal investigations. Recently, he secured a complete defense verdict in a legal malpractice jury trial for an international law firm.

Todd is actively involved in local and national bar organizations, frequently writes and speaks on legal topics, and presents Continuing Legal Education courses on legal ethics and professional responsibility. He serves on the OCBA’s Professionalism and Ethics Committee and is a Board Member for CASA, an organization advocating for foster youth in Orange County.

Before joining Umberg/Zipser, Todd worked at two large international law firms, focusing on defending businesses in commercial litigation and representing law firms in legal malpractice cases.