Tuesday, February 26, 2019, 2:30-3:30pm
The duty to keep client confidences is a central duty of every lawyer. But it is not unbounded and no absolute.
Not all information that passes between a client and his or her lawyer is confidential. Even if information is confidential, it may sometimes be disclosed – against client wishes. Other confidential information may be inadvertently disclosed, often through law office technology or by accident in discovery. Other confidential information may lose certain protections if disclosed by a party.
Closely related but distinct from all of this is how the attorney-client privilege relates to client confidentiality.
This program provide a practical guide to the ethics of confidentiality, its relationship to the attorney-client privilege, and best practices to avoid ethical sanction.
- Scope of the duty of confidentiality – what information is/is not confidential?
- When confidential information may be disclosed, even against client wishes?
- How violation of either the attorney-privilege or confidentiality impacts the other
- Inadvertent and unauthorized disclosure of client confidences – ethics issues and malpractice issues
- Duty of competence as duty to understand how technology effects client confidences
- Confidentiality in joint representations – managing information flows to avoid ethical sanction
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