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Keeping Your Lips Sealed: Understanding the Duty of Client Confidentiality

Content Provider
American Law Institute CLE
Product
CLE
Run Time
92 Minutes
Recording Date
07/19/2016
Presenter(s)
Thomas E. Spahn
Learning Method
On-Demand Training
Practice Area
Ethics
Persona
CLE OnDemand

Price $259.00

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Description

“The rule of confidentiality is critical to the modem lawyer's role, as advisor to clients probably even more than as advocate. ... The difficult problem is where to draw the boundaries – how to define the kinds of secrets that a lawyer may not keep.” - Geoffrey C. Hazard Jr., An Historical Perspective on the Attorney-Client Privilege, 66 Cal. L. Rev. 1061 (1978). One of the core duties of a lawyer is to maintain client confidences. Yet many attorneys do not fully understand when that duty starts and ends, and what information can or cannot be shared. For example: • Does the duty cover information in the public record, or the disclosure of which would not harm the client? • Must you maintain the confidentiality of an unsolicited email you receive from a prospective client? • Can you ever use a former client’s information to the disadvantage of the former client? Watch this program to learn the essentials of the lawyer’s duty of client confidentiality, and learn from an experienced practitioner and ethics advisor who other attendees call “very comprehensive and organized,” “articulate and interesting,” and “one of my favorite speakers on legal ethics.” This program uses a series of hypotheticals and comprehensive written analyses to explore: • the strength of the duty • the source, timing, and content of information lawyers must keep confidential • comparison with the attorney-client privilege • when the confidentiality duty begins (in the context of unsolicited emails and interviews with prospective clients) and when the duty ends • what steps lawyers must take to protect client confidences, especially in the context of electronic communications
See CLE State Accreditation for credit details.
If you are licensed in New York, this content is appropriate for both newly admitted and experienced New York attorneys. Although, this content is appropriate for all New York attorneys, newly admitted attorneys cannot earn CLE credit for the completion of the course when presented via on-demand.

Literature

State Status Total Credits Type Of Credit Approved Thru
AlaskaApproved1.50EthicsOn-going
ArizonaApproved1.50EthicsOn-going
GeorgiaApproved1.50EthicsOn-going
MissouriApproved1.80GeneralOn-going
New YorkApproved1.50EthicsOn-going
North DakotaApproved1.50EthicsOn-going
VermontApproved1.53EthicsOn-going
West VirginiaApproved1.84EthicsOn-going

Speakers