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Who should attend Avoiding Waiver of the Attorney-Client Privilege Webinar
This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.
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This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.

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Seminar Summary:

This live audio conference will cover challenges faced in maintaining the attorney-client privilege including threshold issues, inadvertent disclosure or waiver, business vs. legal advice, professional advisors outside the privilege, and experts and consultants.  (see full course description)

 
 
 

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Training Course Syllabus:


Avoiding Waiver of the Attorney-Client Privilege Webinar

Benefits

This live audio conference will cover challenges faced in maintaining the attorney-client privilege including threshold issues, inadvertent disclosure or waiver, business vs. legal advice, professional advisors outside the privilege, and experts and consultants.

The presentation will include examples drawn from recent court cases covering the privilege and practical advice on preventing waiver. This live audio conference will be particularly useful to in-house counsel and the lawyers who advise them.

Agenda

Attorney-Client Privilege and Ethics Issues

The Basics

Constant Challenges

Professional Conduct Rules Matter

Threshold Issues – So Is It Privileged?

Threshold Issues – Work Product

Work Product Doctrine vs. Attorney-Client Privilege

The Privilege – a More Limited View

Privilege – Waiver

So Many Ways to Waive …

Legal vs. Business Advice

Mixed Business and Legal Advice

Business Advice

Legal Advice

Checklist

Courts Inconsistent

Experts and Consultants

Communicating With Experts and Consultants

A Court’s View

Several Rules Come Into Play

Inadvertent Disclosure

Rules Regarding Candor

Rule 5.1 – Supervisory Responsibilities

Termination of the Privilege

Privilege Applied to Corporate Constituents

Corporate Family Issues

Privilege in Acquisitions

The Privilege in Europe

Internal Investigations


Faculty

Frederick "Rick" R. Ball, Duane Morris LLP

  • Vice-chair of the White-Collar Criminal Defense Division of Duane Morris’ Trial Practice Group
  • Focuses his practice on assisting companies or individuals when they are adverse to state or federal governments, including administrative, civil and criminal matters, with the FDA, FTC, DEA, CMS, OIG and other federal and state regulatory agencies
  • Experienced in conducting internal investigations and advising companies on actions following the investigation
  • Listed among the leading lawyers in Illinois
  • Regularly publishes and speaks on the issue of the attorney-client privilege
  • Adjunct professor of law at DePaul University School of law
  • J.D. degree, Cornell Law School


Continuing Education Units

  • CLE
  • NALA
  • NFPA
  • Additional credit may be available upon request.


Detailed Credit Information

Only registered attendee will receive continuing education credit. Additional attendees can receive continuing education credits at a discounted price.

AK CLE 1.5 including Ethics 1.5

Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.

AL CLE 1.5 including Ethics 1.5

This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.5 hours of ethics credit.

AR CLE 1.5 including Ethics 1.5

This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.50 hours of ethics credit.

AZ CLE 1.5 including Ethics 1.5

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.

CA CLE 1.5 including Ethics 1.5

Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours, of which includes 1.50 hours of ethics credit.

CO CLE 2.0 including Ethics 2

This program has been approved by the Colorado Supreme Court Board of Continuing Legal and Judicial Education for 2.0 hours of CLE, including 2.0 hours of ethics credit.

DE CLE 1.5 including Ethics 1.5

This program has been approved by the Delaware Commission on Continuing Legal Education for 1.5 hours of CLE credit, including 1.5 hours of enhanced ethics credit.

FL CLE 2.0 including Ethics 2

This course has been approved by The Florida Bar for 2.0 hours of CLE credit, including 2.00 hour of ethics credit. Course classification: Intermediate level.

GA CLE 1.5 including Ethics 1.5

This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 1.5 ethics hours.

HI CLE 1.5 including Ethics 1.5

This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 VCLE credit hours and 1.50 MCPE credit hours.

IA CLE 1.5 including Ethics 1.5

Avoiding Waiver of the Attorney-Client Privilege is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hours of credit, including 1.50 hours of ethics credit toward the mandatory continuing legal education requirements under the Iowa rule.

ID CLE 1.5 (Pending)

This program has been submitted to the Idaho State Bar for 1.5 CLE hours. Approval pending.

IL CLE 1.5 including Professional Responsibility 1.5

This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board. Of that total, 1.50 credits were approved as Professional Responsibility credits by the Illinois Commission on Professionalism.

IN CLE 1.5 (Pending)

This program has been submitted to the Indiana Commission for Continuing Legal Education for participating attorneys. Application Pending.

KS CLE 1.5 including Ethics and Professionalism 1.5

This course has been approved by the Kansas Continuing Legal Education Commission for a maximum of 1.5 CLE credit hours, including 1.5 hours of ethics and professionalism credit.

KY CLE 1.5 including Ethics 1.5

This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of 1.5 credits.

LA CLE 1.5 including Ethics 1.5

This program has been approved by the Louisiana State Bar MCLE Committee for 1.5 CLE hours, including 1.50 hours of ethics credit.

ME CLE 1.5 including Ethics 1.5

This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.

MN CLE 1.5 including Ethics 1.5

This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.50 hours of ethics credit.

MO CLE 1.8 including Ethics 1.8

This program has been approved by the Missouri Bar for 1.8 hours of CLE, including 1.8 hours of ethics credit.

MS CLE 1.5 including Ethics 1.5

This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.

MT CLE 1.5 including Ethics 1.5

This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 1.50 hours of ethics credit.

NC CLE 1.5 including Ethics 1.5

This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.

ND CLE 1.5 (Pending)

This program has been submitted to the North Dakota Commission for Continuing Legal Education. Application pending.

NE CLE 1.5 (Pending)

NH CLE 1.5 (Pending)

NJ CLE 1.8 including Ethics 1.8

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 1.8 qualify as hours of credit for ethics/professional responsibility.

NM CLE 1.5 including Ethics 1.5

This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.

NV CLE 1.5 including Ethics 1.5

This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.

NY CLE 1.5 including Ethics and Professionalism 1.5

This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours, of which 1.50 credit hours may be applied toward the Ethics and Professionalism requirement. Each hour may be counted only as satisfying one category of credit; duplicate credit for the same hour of instruction is not permitted. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.

OK CLE 2.0 including Ethics 2

This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 2.00 hours are credits covering legal ethics.

OR CLE 1.5 (Pending)

MCLE Credit in Oregon is pending.

PA CLE 1.5 including Ethics 1.5

This program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including hours of substantive law, practice and procedure CLE credit and 1.50 hours of ethics, professionalism or substance abuse CLE credit.

RI CLE 1.5 including Ethics 1.5

This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.

SC CLE 1.5 including Ethics 1.5

This program has been approved by the South Carolina Supreme Court Commission on CLE and Specialization for 1.5 hours of mandatory CLE credit, including 1.50 hours of ethics credit.

TN CLE 1.5 including Dual 1.5

This program has been approved by the Tennessee Commission on Continuing Legal Education and Specialization for a maximum of 1.5 hours of credit, including 1.50 hours of dual credit.

TX CLE 1.5 including Ethics 1.5

This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 1.50 credit hours will apply to legal ethics/professional responsibility credit. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 1.50 hours will apply to legal ethics/professional responsibility credit.

UT CLE 1.5 including Ethics 1.5

This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.

VA CLE 1.5 including Ethics 1.5

This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours, including 1.50 hours of ethics credit.

VT CLE 1.5 including Ethics 1.5

This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.

WA CLE 1.5 including Ethics 1.5

This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit, including 1.50 hours of ethics credit.

WI CLE 1.5 including Ethics 1.5

This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.

WV CLE 1.8 including Ethics 1.8

This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.

WY CLE 1.5 including Ethics 1.5

This program has been approved for 1.5 hours of CLE by the Wyoming State Bar, including 1.50 hours of ethics credit.

NALA 1.5 including Ethics 1.5

This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, for continuing legal assistant education credit required to maintain the CLA (Certified Legal Assistant) credential for 1.5 hours, including 1.5 hours of ethics credit.

NFPA 1.5 including Ethics 1.5

This program has been approved by the National Federation of Paralegal Associations for 1.5 hours of NFPA continuing education credit including 1.50 hours of ethics.

The CLE Code is ONLY a requirement when applying for CLE Credit in New York or New Jersey or Kansas. Other states do not need to supply the CLE Code to apply for CLE credit.


Who Should Attend

This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.

Webinar Hours:

Time: 1:00 pm ET (12:00 pm CT, 11:00 am MT, 10:00 am PT)
Length: 1 hour 30 minutes

Seminar Summary:

This live audio conference will cover challenges faced in maintaining the attorney-client privilege including threshold issues, inadvertent disclosure or waiver, business vs. legal advice, professional advisors outside the privilege, and experts and consultants.  (see full course description)

print this agenda print agenda for the Avoiding Waiver of the Attorney-Client Privilege Webinar training seminar

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