Practical Guidance for Preserving Privilege and Reducing Waivers
In today's fast-paced world, keeping sensitive information on lockdown is no easy task. Given that small missteps often lead to serious repercussions, attorneys must have an acute understanding of how to protect privileged information, work product and client confidentiality. Join our esteemed faculty as they guide you through the rules you need to know to maintain an ethical practice - order today!
- Learn how to navigate the boundaries of the work-product doctrine and attorney-client privilege.
- Explore how the rules of client confidentiality apply during and outside of active representation.
- Get defensible strategies for preventing and handling potential waiver issues.
- Gain practical insights for maintaining privilege logs.
- Discover how to safeguard privileged information during internal investigations.
2:00 PM to 5:15 PM Eastern Standard Time
Break: 3:30 - 3:45
Presenter: Jessica Lynn Dagley
2:00 - 3:30
- Attorney-Client Privilege vs. Work Product vs. Confidentiality
- Rules, Terms and Definitions
- Attorney's Duty of Confidentiality
- Attorney Work-Product Doctrine
- Privilege Rules
- The Extent and Boundaries of the Attorney-Client Relationship
- Who is the Client? Individuals, Businesses, Associations, etc.
- Confidential Communication
- Presumption of Confidentiality Between Attorney and Client
- Dual Purpose Communications
- Communications with Third Parties
- Non-Confidential Information
- During the Attorney-Client Relationship
- What Constitutes "Information Given for the Purpose of Obtaining Legal Representation"
- Notable Exceptions to Attorney-Client Privilege
3:45 - 5:15
- Privilege Waivers and Privilege Logs
- Lawyers' Breach of Duty
- Waiver for Fee Disputes with Client
- Testamentary Intent Waiver
- Express Waiver by the Client
- Inadvertent Disclosure
- Unnecessary Disclosure
- Waiver by Assertion of Advice of Counsel
- Waiver by Untimely Discovery Responses
- Fundamental Fairness (Implied Waiver)
- Privilege Logs in Practice
- Guarding Privilege During Internal Investigations and Other In-House Counsel Issues
This legal ethics briefing is designed for attorneys. It will also benefit in-house counsel, law office administrators and paralegals.