It’s Tuesday and you’re just about to head to a quick lunch meeting with a potential new client. You check your email one last time before heading out and you see an email from Dan, one of your longest running clients that has recently had some financial hardships. Dan emailed you to “suggest” that he was thinking about covering up some “possible” money-laundering with documents you previously prepared for him. What do you do?
Privilege, Confidentiality and Attorney Work Product
Yes, dicey situations arise when it comes to the interplay of privilege, confidentiality and attorney work product.
Although related, these are different concepts and the interplay of the three frequently confuses lawyers and judges alike. Evan will discuss a number of case examples and practical everyday situations so you can better understand the similarities and differences between the privilege doctrine, the work product doctrine and confidentiality. To access these courses please click here: The Attorney-Client Privilege, Work Product Doctrine and Confidentiality.
Evan will mainly cover the:
- ABA Model Rule 1.6
- Mandatory & permissive disclosures
- SEC violations
- The 5 C’s of Confidentiality
- Why the attorney-client privilege is under attack
- Selective waiver
- The crime-fraud exception
- The Michael Cohen “raid”
- Confidentiality & ex-employees
- Opinion vs. ordinary work product
- Ten tips to maximize the protections of confidentiality
Evan Stewart’s practice principally focuses on the financial services industry, handling litigation matters for domestic and international clients before federal and state trial and appellate courts, in arbitration forums and the U.S. Supreme Court. He advises clients on a range of complex commercial matters, including antitrust, bankruptcy, class action defense, ethics, intellectual property, internal investigations, securities litigation, and tax controversies.
This CLE course is offered in the following states:
- Alaska (AK)
- Arizona (AZ)
- California (CA)
- Connecticut (CT)
- District of Columbia (DC)
- Illinois (IL)
- Maryland (MD)
- Massachusetts (MA)
- Michigan (MI)
- Missouri (MO)
- New Hampshire (NH)
- New Jersey (NJ)
- New York (NY)
- North Dakota (ND)
- Pennsylvania (PA)
- South Dakota (SD)
Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.