Confidentiality (Non-Clients' Misconduct) (from Annual Construction and Public Contracts Law 2017) (Online Seminar)

A pre-recorded streaming VIDEO replay of one session from the November 2017 live seminar, 38th Annual Construction and Public Contracts Law Seminar.

Cosponsored with the Construction Law and Public Contracts Section of the Virginia State Bar

This session uses hypotheticals to explore lawyers’ confidentiality and disclosure duties in the context of non-clients’ misconduct, including: determining what state's ethics rules apply; lawyers’ possible duty to disclose non-clients’ felonies or child abuse; corporate lawyers’ “reporting up” employee misconduct; friendly and adverse non-clients' false testimony; lawyers’ duty to report other lawyers’ misconduct (including lawyers subject to the duty, whom they must report, the reporting duty’s standards and timing, and the role of lawyers' confidentiality duty).

FACULTY

Thomas E. Spahn, McGuireWoods / McLean

Thomas E. Spahn practices as a commercial litigator with McGuireWoods in Tysons Corner, Virginia. Tom was selected as the 2013 metro-Washington DC "Lawyer of the Year" for "Bet the Company Litigation" by The Best Lawyers in America (Woodward/White, Inc.). He has served on the ABA Standing Committee on Ethics and Professional Responsibility, and is a Member of the American Law Institute and a Fellow of the American Bar Foundation. Tom has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 1,600 CLE programs throughout the U.S. and in several foreign countries. Through links on his website bio, Tom has made available to the public: his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 850 weekly email alerts about privilege and work product cases; materials for 35 ethics programs on numerous topics, totaling over 8,000 pages of analysis. Tom graduated magna cum laude from Yale University and received his J.D. from Yale Law School.