This seminar is designed to be beneficial to any practicing attorney regardless of their level of expertise.
The issue of ethics is something we deal with on a daily basis, both in our personal lives, as well as our professional lives. This seminar offers the opportunity to hear three very well-versed attorneys.
Don't delay in signing up for this important seminar.
- Overview - the California lawyer's duty of confidentiality: absolute of not?
- The duty to maintain client confidences and secrets
- When does a lawyer assume the duty of confidentiality?
- Government whistleblowing and confidentiality
- Trends concerning California lawyers' ethical responsibilities arising out of preserving client confidences
9:00 a.m. - 10:00 a.m.
I. Overview – The California Lawyer's Duty
Of Confidentiality: Absolute Or Not?
A. Hot Topics Concerning Client Confidentiality
1. Death Or Bodily Injury
2. Corporate Fraud
3. Government Whistleblowing
B. Overview Of California Law Of Confidentiality
1. The Duty To Maintain Client Secrets And Confidences
2. The Attorney-Client Privilege
3. The Mediation Privilege
4. The Work Product Doctrine
C. Overview Of ABA Model Rules (Rule 1.6)
1. Compare With CRPC
2. Different Public Policy Concerns
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:15 a.m.
II. The Duty To Maintain Client Confidences
A. Business And Professions Code 6068(e)
1. The Rule
2. The New Exception (Section 6068(e)(2)
3. AB 2713 – Another Exception?
4. Other Recognized Exceptions?
a. For The Benefit Of Lawyers
b. For The Benefit Of Others
5. Are The New Exceptions An Erosion Of The Lawyer's Confidentiality Duty?
B. The Attorney-Client Privilege And Its Exceptions (Evidence Code 950, et seq.)
1. The Scope Of The Privilege
2. The Exceptions For The Benefit Of Lawyers
3. The Exceptions For The Benefit Of The Public, Including The Crime-Fraud Exception
4. Joint Client Exception
C. Do The Exceptions To The Privilege Also Limit The Duty To Maintain Client Secrets And Confidences Under B&P Code Section 6068(e)?
D. The Mediation Privilege (Evidence Code 1115, et seq.)
E. The Work Product Doctrine (Code Of Civ. Proc. 2018)
11:15 a.m. - 12:15 p.m.
III. When Does A Lawyer Assume The Duty
A. Formation Of The Relationship Of Attorney And Client
1. Initial Client Interview
2. Conflicts Check
3. Protection Of Confidential Information When Conflicts Occur
B. Confidentiality Issues Where There Is No Formal A-C Relationship
1. Contract Work
2. Internet Solicitation/E-Mail
3. Unsolicited Mail/E-Mail
4. The Cocktail Party
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
IV. Corporate Fraud And Confidentiality:
Sarbanes Oxley And The SEC's Part 205
A. The Part 205 Rules Regarding Confidentiality
B. The Part 205 Rules And The ABA Model Rules
C. The Part 205 Rules And California Law
1. Rule Of Professional Conduct 3- 600
2. Business And Professions Code Section 6068(e) And The Duty To Maintain Client Secrets And Confidences
3. Applicability Of The Evidence Code's Crime-Fraud Exception To The Duty To Maintain Client Confidences And Secrets
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 3:30 p.m.
V. Government Whistleblowing And
A. Who Is The Client?
B. The Cindy Ossias Case
C. The Attorney General Weighs In
D. The Legislative Initiative: AB 363 And AB 2713
3:30 p.m. - 4:15 p.m.
VI. Confidentiality And Conflicts Of Interest
A. Actual vs. Imputed Knowledge Of Confidential Information
B. Multiple Representation (Evidence Code 962; Rules Of Professional Conduct 3-310 And 3-500)
C. Taking Matters Adverse To Existing Clients (Rule Of Prof. Conduct 3-310)
D. Taking Matters Adverse To Former Clients (Rule Of Prof. Conduct 3-310)
E. Imputed Knowledge When Lawyers Change Law Firms
4:15 p.m. - 4:30 p.m.
VII. Trends Concerning California
Lawyers' Ethical Responsibilities Arising
Out Of Preserving Client Confidences