An attorney-client relationship in a world where all law office technology – mobile phones and email, electronically stored information and working-from-home networks – are interconnected is easily created. An attorney may make a general statement of law via email or online, triggering a relationship. Preserving the attorney-client privilege in this environment is challenged from every direction – conversations are easily overheard and confidential information accessed.
Friday, September 16, 2016
12:00 PM - 1:00 PM
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Nebraska Activity #127302, 1.0 hour Ethics
***Because these seminars are provided through a third party, NSBA dues-paying members are NOT ABLE to use their 2 free ethics credits for these seminars.***
An attorney-client relationship in a world where all law office technology – mobile phones and email, electronically stored information and working-from-home networks – are interconnected is easily created. An attorney may make a general statement of law via email or online, triggering a relationship. Preserving the attorney-client privilege in this environment is challenged from every direction – conversations are easily overheard and confidential information accessed. It’s also an ethical minefield. Attorneys are generally required under the duty of competence to understand how law office and other technology work when communicating with clients and how those communications can be secured to preserve confidentiality and the privilege. When these ethical standards are not satisfied, the privilege may be lost and the attorney subjection to ethical sanction. This program will provide you with a practical guide to creating an attorney-client relationship in an electronic age how to preserve the attorney-client privilege and work product protections.
- Ethics of creating the attorney-client relationships – often inadvertently – in an electronic world
- Practical steps to preserve the attorney-privilege using law office technology to withstand subsequent challenges
- Ethical issues in preserving the privilege – competence, confidentiality, data security
- Review of decisions finding a waiver of the privilege due to breaches of confidentiality
- Special privilege issues with organizational clients – how and with whom can conversations be had or information shared?
- Standards for privilege waiver where communications are intentionally v. accidentally disclosed
- Best standards for ensuring ethical compliance and preserving the privilege and work product protections
Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections. For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.
To Register:Cost $89.00
If you need additional information on your CLE credits please contact:
- Click on above link
- Click “Login to add to cart” button at the bottom of the program page
- This will take you to the log in page, FIRST time users will need to create a user name and password that is separate and distinct from any information you may have used for the Nebraska State Bar website
- Please be sure to use the attorney name and contact information of the person who is to receive the CLE credit
- Once completed click “Update & Proceed to Payment”
- The final step is to click “Submit Payment”
- At this point you will receive an email confirmation of the purchase
- The day before the Program you will receive the dial in information and program materials
- We will submit the program participation information to the Nebraska State Bar Association within 48 hours of the program completion
Sara Weber, Nebraska State Bar Association
(402) 475-7091 ext # 131; email@example.com