Tom Spahn on Confidentiality: Clients’ Future Misconduct (On Demand Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 2.0

MCLE Credit: 2.0 (Ethics: 2.0)
Live-Interactive Credit: 0.0
Designation Credit: 2.0 Ethics (Designations Information)
Price: $149 (Includes a downloadable audio version.)
Viewable Through: 10/08/2022


A pre-recorded streaming video replay of the October 2019 webcast, Tom Spahn on Confidentiality: Clients’ Future Misconduct.

Topics Covered

The duty of confidentiality is one of the broadest and strongest of all ethical duties. Can you answer these questions?

  • What do you do if your client intends to testify falsely?
  • How sure do you have to be regarding your client’s intent?
  • Is there a different standard if the client intends to commit fraud on the tribunal?
  • What should you do if your client intends to commit some other crime? Does it matter what the crime is?

In this informative and entertaining interactive program, nationally known ethics expert Tom Spahn uses hypotheticals to explore lawyers’ confidentiality and disclosure duties in the context of clients’ intent to commit future misconduct. Among other things, the program will address:

  • The difficulty of distinguishing between past and future misconduct
  • Clients’ intent to offer false testimony
  • Providing advice on client conduct illegal under federal law but allowed under state law
  • Applying the attorney-client privilege “crime-fraud exception”
  • Clients’ intent to commit future misconduct that will cause financial injury, or someone’s bodily harm or death

This is the sixth of a multi-part seminar on all aspects of confidentiality. Previous parts still available for purchase on demand as online seminars include Tom Spahn on Confidentiality: Non-Clients' Misunderstandings and Mistakes, Tom Spahn on Confidentiality: Non-Clients’ Misconduct, and Tom Spahn on Confidentiality: Clients’ Past and Ongoing Misconduct.

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Thomas E. Spahn, McGuireWoods / McLean

Thomas E. Spahn practices as a commercial litigator with McGuireWoods in Tysons, Virginia. He 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. Mr. Spahn has written extensively on attorney-client privilege, ethics, and other topics, and has spoken at over 1,400 CLE programs throughout the U.S. and in several foreign countries. He graduated magna cum laude from Yale University and received his J.D. from Yale Law School.

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