Ethics & Specialty Credits

4.21

Attorney-Client Privilege: A Practical Guide

Credits Available
Credit Status Total
Colorado CLE Approved 4 Total
Idaho CLE Upon Request 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Washington CLE Approved 3 Total
OnDemand
2 hours 54 minutes
Peter Ostermiller
E. Clarke Dummit
Tyler Chriscoe
With Peter L. Ostermiller from Peter L. Ostermiller, Attorney at Law + 2 others
Recorded November 14, 2023
Product ID 97599

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Overview

Practical Guidance for Preserving Privilege and Reducing Waivers

In today's fast-paced world, keeping sensitive information on lockdown is no easy task. Given that small missteps often lead to serious repercussions, attorneys must have an acute understanding of how to protect privileged information, work product, and client confidentiality. Join our esteemed faculty as they guide you through the rules you need to know to maintain an ethical practice - register today!

  • Learn how to navigate the boundaries of the work-product doctrine and attorney-client privilege.
  • Explore how the rules of client confidentiality apply during and outside of active representation.
  • Get defensible strategies for preventing and handling potential waiver issues.
  • Gain practical insights for maintaining privilege logs.
  • Discover how to safeguard privileged information during internal investigations.

Abbreviated Agenda

  1. Attorney-Client Privilege vs. Work Product vs. Confidentiality
  2. The Extent and Boundaries of the Attorney-Client Relationship
  3. Privilege Waivers and Privilege Logs
  4. Guarding Privilege During Internal Investigations and Other In-House Counsel Issues

Related Topics

Product ID 97599

Credit Details

Credits Available
Credit Status Total
Colorado CLE Approved 4 Total
Idaho CLE Upon Request 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Washington CLE Approved 3 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Attorney-Client Privilege vs. Work Product vs. Confidentiality

    1. Rules, Terms, and Definitions
    2. Attorney's Duty of Confidentiality
    3. Attorney Work-Product Doctrine
    4. Privilege Rules

  2. The Extent and Boundaries of the Attorney-Client Relationship

    1. Who Is the Client? Individuals, Businesses, Associations, etc.
    2. Confidential Communication
      1. Presumption of Confidentiality Between Attorney and Client
      2. Dual Purpose Communications
      3. Communications With Third Parties
      4. Non-Confidential Information
    3. During the Attorney-Client Relationship
    4. What Constitutes "Information Given for the Purpose of Obtaining Legal Representation?"
    5. Notable Exceptions to Attorney-Client Privilege

  3. Privilege Waivers and Privilege Logs

    1. Lawyers' Breach of Duty
    2. Waiver for Fee Disputes With Client
    3. Testamentary Intent Waiver
    4. Express Waiver by the Client
    5. Inadvertent Disclosure
    6. Unnecessary Disclosure
    7. Waiver by Assertion of Advice of Counsel
    8. Waiver by Untimely Discovery Responses
    9. Fundamental Fairness (Implied Waiver)
    10. Privilege Logs in Practice

  4. Guarding Privilege During Internal Investigations and Other In-House Counsel Issues

Who Should Attend

This legal ethics briefing is designed for attorneys. It will also benefit in-house counsel, law office administrators, and paralegals.

Speakers

Peter L Ostermiller
Peter L.
Ostermiller
Peter L. Ostermiller, Attorney at Law
E. Clarke Dummit
E. Clarke
Dummit
Dummit Fradin, Attorneys at Law
Tyler Chriscoe
Tyler
Chriscoe
Poyner Spruill LLP
Speaker bio
Peter L Ostermiller

Peter L. Ostermiller

Peter L. Ostermiller, Attorney at Law
Peter Ostermiller

is a sole practitioner concentrating in legal ethics and professional responsibility matters. He represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. Mr. Ostermiller has also represented parties in attorney's fee dispute proceedings, and attorneys in legal proceedings in which sanctions have been sought against the attorney; represented parties in attorney disqualification proceedings; and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. He is a member of the Kentucky Bar Association, Louisville Bar Association, and the Association of Professional Responsibility Lawyers. Mr. Ostermiller served on the Kentucky Bar Association's Ethics 2000 Committee, which proposed changes to the Rules of Professional Conduct to the KBA, and resulted in the July 2009 revisions to the ethics rules. He graduated with his B.A. and J.D. degrees from the University of Louisville.

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Speaker bio
E. Clarke Dummit

E. Clarke Dummit

Dummit Fradin, Attorneys at Law
E. Clarke Dummit

is the founder of Dummit Fradin, Attorneys at Law, in Winston Salem, North Carolina, where he concentrates his practice in the areas of criminal law with a focus on driving while impaired and drug cases. His firm also litigates personal injury, medical malpractice, and workers' compensation. The firm regularly affiliates with other firms to litigate cases in both criminal and civil trials. Mr. Dummit is the author of The North Carolina DWI Manual, and is the founder of the North Carolina DWI Round Table. He is a frequent lecturer on various issues relating to criminal law, including driving while impaired. Mr. Dummit is admitted to practice in North Carolina and Georgia, as well as before federal courts. He has been a member of the Forsyth County and North Carolina bar associations, Academy of Trial Lawyers, and the National Association of Criminal Defense Lawyers. Mr. Dummit earned his B.A. degree from Vanderbilt University and his J.D. degree from Wake Forest University.

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Speaker bio
Tyler Chriscoe

Tyler Chriscoe

Poyner Spruill LLP
Tyler Chriscoe

is an associate attorney at Dummit Fradin, Attorneys at Law, in Winston-Salem, North Carolina, practicing almost exclusively in the field of criminal law, with an emphasis on drug cases and cases involving firearms. He is a native of North Carolina and did his undergraduate studies at East Carolina University in Greenville, NC. For law school, he attended the University of Wisconsin at Madison. He is admitted to practice law in both North Carolina and Wisconsin and is currently an active member of the Forsyth County Bar Association in North Carolina. Prior to his work at Dummit Fradin, Tyler practiced real estate law in the North Carolina mountains.

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