Protect Yourself and Your Clients: Techniques for Preventing Privilege and Confidentiality Waivers (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 2.0

MCLE Credit: 2.0 (Ethics: 2.0)
Live-Interactive Credit: 0.0
Price: $135 (Includes a downloadable audio version.)
Viewable Through: 3/31/2017

Information

A pre-recorded streaming VIDEO replay of the April 2014 webcast, Protect Yourself and Your Clients: Techniques for Preventing Privilege and Confidentiality Waivers. (Learn more about the online seminar format.)


Topics covered include:

  • The difference between the attorney-client privilege and the ethical duty of confidentiality
  • An overview of recent opinions addressing confidentiality and privilege
  • What constitutes a waiver?
  • How should an attorney handle an unintended waiver?
  • How can a lawyer care for privileged information in order to avoid an unintended waiver?
  • Can a party’s conduct at trial affect the pretrial determination of waiver?
  • How to reconcile conflicting duties regarding candor to the court and the duty of confidentiality
  • Additional procedures that you should implement in your practice today in order to protect yourself and your clients

The attorney-client privilege is an evidentiary rule that protects certain communications from a third party’s efforts to discover the content of the communications. The privilege pervades every law practice in Virginia and forcefully dictates the ways in which lawyers run their business. Attorneys must have a firm understanding of the full scope of the privilege in order to protect themselves and their clients from improperly disclosing confidential information. A properly created attorney-client privilege provides complete confidentiality and lasts forever.

The attorney-client privilege sometimes is mistaken for an attorney’s ethical duty of confidentiality; however, these are two very different legal principles. The ethical duty of confidentiality provides broader protection than the attorney-client privilege and applies to all information relating to the representation of an individual client.

Unfortunately, many attorneys and even some courts seem confused by these doctrines. An unintended waiver of confidentiality or privilege can be the difference between winning and losing a case, and even may result in a serious ethics violation. Learn how to recognize and avoid unintended waivers of confidentiality and privilege.

 

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Schedule

Faculty

R. Paul Childress, Jr., DurretteCrump, PLC / Richmond

For over thirty years, Paul Childress has focused his practice on the defense of professionals in malpractice litigation in state and federal courts not only in Virginia, but throughout the Southeast. In addition, he has represented parties in complex commercial litigation involving various substantive legal areas such as contracts, insurance, securities, and non-compete issues. His professional negligence defense practice has involved the defense of attorneys and accountants.

Mr. Childress is listed in Best Lawyers in America for 2007–2012 for Professional Liability and has been listed in Virginia Super Lawyers for 2006–2012 for Professional Liability Defense and Legal Elite for 2011 and 2012. His litigation experience has also enabled him to provide corporate services to a number of companies seeking to avoid litigation over existing or contemplated corporate policies. He has received the highest rating, AV, from Martindale-Hubbell and is a frequent panelist and presenter for various organizations on risk management, professional negligence and ethics. Mr. Childress has been active in the Virginia State Bar, including acting as chair of a special committee of the Bar. He is also a member of the Richmond and Henrico Bar Associations and the John Marshall Inn of Court.

Prior to forming DurretteCrump, Mr. Childress was a partner with the Richmond firm of Childress, Gould & Russell and then McSweeney, Crump, Childress & Temple. He is a graduate of the University of Richmond Law School, where he served on the Law Review.

James M. McCauley, Virginia State Bar / Richmond

James M. McCauley is the Ethics Counsel for the Virginia State Bar, and manages the staff counsel serving the Standing Committees on Legal Ethics, Unauthorized Practice of Law, and Lawyer Advertising and Solicitation. He and his staff write the draft advisory opinions for the Standing Committees and provide informal advice over the telephone to members of the bar, bench, and general public on matters involving legal ethics, lawyer advertising, and the unauthorized practice of law. Mr. McCauley frequently lectures and publishes articles on matters relating to legal ethics and the unauthorized practice of law. He teaches Professional Responsibility at the T.C. Williams School of Law at the University of Richmond.

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