Texting: Legal and Ethical Issues (On-Demand)

$189.00

Many attorneys who use common technology tools, such as e-mail and text messaging, often do not understand how using them may impact attorney-client privilege. It is important to be able to identify and implement best practices to reduce the risk of waiving the attorney-client privilege due to inadvertent disclosures of otherwise privileged information. Inadvertent disclosures have often led to unfavorable outcomes for clients and could lead to disciplinary action against attorneys who fail to exercise reasonable caution with respect to disclosures, especially in a discovery context. This presentation will help attorneys identify the three primary threats to attorney-client privilege posed by technology, and to improve their awareness of best practices for proactively and preventively addressing those threats. This presentation also provides valuable “DOs and DON’Ts” to help lawyers keep their use of text messaging professional.

This workshop is critical for attorneys so they can ensure their firm’s policies and procedures reflect best practices in the industry with respect to preventing inadvertent disclosures of privileged communications and documents—especially with respect to text messaging and similar technologies.

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Event Details

Course Type

Original Date Of Course

Course Instructor

Noel Bagwell, Esq.

General Credits

1

Ethics Credits

1

Course Description

Many attorneys who use common technology tools, such as e-mail and text messaging, often do not understand how using them may impact attorney-client privilege. It is important to be able to identify and implement best practices to reduce the risk of waiving the attorney-client privilege due to inadvertent disclosures of otherwise privileged information. Inadvertent disclosures have often led to unfavorable outcomes for clients and could lead to disciplinary action against attorneys who fail to exercise reasonable caution with respect to disclosures, especially in a discovery context. This presentation will help attorneys identify the three primary threats to attorney-client privilege posed by technology, and to improve their awareness of best practices for proactively and preventively addressing those threats. This presentation also provides valuable “DOs and DON’Ts” to help lawyers keep their use of text messaging professional.

This workshop is critical for attorneys so they can ensure their firm’s policies and procedures reflect best practices in the industry with respect to preventing inadvertent disclosures of privileged communications and documents—especially with respect to text messaging and similar technologies.

Principles

  • Privacy (Business; Client Satisfaction)
  • Privacy (Ethics; Laws)
  • Complications & Risks

Syllabus

  1. Privacy (Business; Client Satisfaction)
      • Privacy expectations
      • Case studies/examples
  2. Privacy (Ethics; Laws)
      • Understanding Relevant Aspects of Confidentiality and Attorney-Client Privilege
      • Keep It Professional and Classy: Texting “DOs and DON’Ts”
      • What Attorneys Should Know about How Privacy Laws Relate to Texting
      • California & Massachusetts: Regulatory Quirks
      • Case studies/examples
  3. Complications & Risks
      • Attorneys’ Concurrent Personal and Professional Use of Devices
      • Hacking Risks
  4. Final Thoughts
      • Don’t Forget the Rules
      • Meeting and Exceeding Expectations

Instructor

Noel Bagwell, Esq.

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