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Advanced CLE

2020 Attorney-Client Privilege & Confidentiality Update Audio Replay


Total Credits: 1.2 MCLE, 1.2 Ethics, 0.0 Elimination of Bias, 0.0 Kansas Credit

Practice Area:
Ethics

Dates


Description

This program was originally presented on October 29, 2019.

Confidentiality sits at the heart of the attorney-client relationship.  Confidential and mostly inviolable communications between a client and attorney are the core of the attorney-client privilege and the attorney’s duty of confidentiality. Though the privilege and the ethical duty are related and often cover similar content, they are distinct.  Understanding the distinction and how the privilege is preserved, especially in a hyper-interconnected electronic law office, are essential to law practice.  This program will provide you with a wide-ranging discussion of important developments related to the attorney-client privilege and the duty of confidentiality. 

  • Important developments preserving the attorney-client privilege
  • Duty of confidentiality developments and relationship to the privilege
  • Understanding difference between confidentiality and the attorney-client privilege
  • Preserving the privilege when representing joint clients
  • Working with client agents and consultants
  • Preserving the privilege – and confidentiality – in a hyper-connected electronic world

Materials

Speaker

Thomas E. Spahn Related Seminars and Products


Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 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 a 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.


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