This program will offer a survey of recent changes to and developments in the laws governing privilege and the duty of confidentiality, including specifically the attorney-client privilege, the 'joint defense' (or 'common interest') privilege, and the attorney work-product doctrine.
- What happens to the attorney-client privilege when the holder merges with another company, dissolves or dies
- Whether you waive the attorney-client privilege if you designate a party to testify as an expert at trial
- Whether you can disclose privileged information to the government, but still assert the privilege as to third parties
- Whether California recognizes a joint defense privilege, and if not, what rules apply to parties who want to share confidential information or work product?
- What responsibilities you have when you obtain opposing counsel's work product and the dangers you face if you ignore your responsibilities
9:00 a.m. - 10:00 a.m.
I. Ethics And Confidentiality
A. Section 6068 (e)
10:00 a.m. - 11:00 a.m.
II. The Sarbanes-Oxley Act
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:15 p.m.
III. Rule 3-700
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 3:15 p.m.
IV. The Attorney-Client Privilege And Ethics
A. Boundaries Of The Attorney-Client Privilege
B. Who Holds The Privilege
C. Advice Of Counsel Defense
D. Statutory Exceptions To The Attorney-Client Privilege
3:15 p.m. - 3:30 p.m.
3:30 p.m. - 4:00 p.m.
V. The Attorney-Client Privilege And The Work Product Doctrine
A. Waiver Of The Attorney-Client Privilege: Recent Developments
B. Work Product: Status Of The 'Joint-Defense' Doctrine
4:00 p.m. - 4:30 p.m.
VI. Questions And Answers