Legal Ethics for Attorneys

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A Seminar on Professional Responsibility in Legal Ethics: THE PROFESSIONAL DUTY OF CONFIDENTIALITY (ABA Model Rule 1.6 and representative state rules) and Work Product Doctrine

The concept of “legal ethics” has evolved over the years from suggested cannons of courtesy to mandatory rules of conduct. Today, lawyers are faced with a multiplicity of ethical considerations in a profession whose technologies and missions are fast changing, but one which is also grounded in core principles.

In designing an ethics course for the profession at large that not only serves as an opportunity for collegial reflection but also satisfies ethics CLE requirements, we have selected a topic which is of importance to lawyers in all legal organizations and fields of practice: confidentiality, which is a fiduciary duty of professional importance to lawyers.

We are presenting the subject in an interactive lecture accompanied by a fleshed-in outline and a review exercise. The seminar addresses:

The concept of “legal ethics” and their evolution and present legal foundations in state rule-making authorities.
ABA Model Rule 1.6 on Confidentiality, as well as comparisons of it to some typical state rules – which are not always the same as the ABA Model Rules.
A comparison of the Professional Duty of Confidentiality to the closely-related topics of the Attorney-Client Privilege and the Work Product Doctrine.
A review exercise, which we hope will evoke a lively exchange of opinions and perspectives.

We hope this seminar provides you with insight and information, and is also a pleasant opportunity for you to satisfy your ethics CLE requirements.

Dates and Locations

July 11, 2012

The Westin Hilton Head Island Resort

Hilton Head Island, SC

$125.00

Accreditation

CLE Hours

This Program is eligible for:

2 (60 minute)

CPE Hours

This Program is eligible for:

2 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live

CLP Hours

This Program is eligible for:

2 (CLP) hours of credit

Related Downloads

Registration Form for fax-in registrations (PDF)

Daily Schedule

Schedule for La Jolla, CA: 3:00 PM - 5:00 PM

Schedule for Hilton Head : 3:00 PM - 5:00 PM

Course Agenda

PART I. - "Legal Ethics"

What Are "Legal Ethics"?
1. The Subject of "Legal Ethics"
2. Law School Education in Legal Ethics
  1. The Current ABA Criteria
  2. The Bar Exam
  3. Legal Ethics in the Good Ole Days
3. Ethics Continuing Legal Education
4. "Ethics," "Legal Ethics," and "Professional Responsibility"
  1. The "Right Thing"
  2. "Be Nice" Ethics
  3. "Legal Ethics."
  4. "Professional Responsibility"
The Background of Modern Codal Professional Responsibility
1. Introduction
2. The ABA Canons of Professional Ethics (1908)
  1. Exhortations
  2. The Canons' Status Evolves to Binding Rules
3. The Code of Professional Courtesy
4. The ABA Model Code of Professional Responsibility (1969)
5. The ABA Model Rules of Professional Conduct (1983)
6. The ABA "Ethics 2000" Initiative (2002).
7. The ABA Enron Amendments (2003)
8. The ABA Model Rules - In Perspective
9. The Restatement (Third) of the Law Governing Lawyers
10. The Role of the States
  1. State Authority Prevails
  2. Most State Rules Reflect the ABA Rules
  3. Status Check for Your State
11. The Pace of Life and Legal Ethics
12. Perennial Questions
13. A Note for Corporate Counsel
  1. Reporting Up and Out.
  2. Sarbanes-Oxley.
  3. Federal Government Contracting

PART II - Confidentiality, The Attorney-Client Privilege, and The Work Product Doctrine

The Confluence of Three Topics
1. Introduction
2. Our Approach
The Duty (and Professional Duty) of Confidentiality
1. Introduction
2. The Debate Over the Legal Profession's Professional Duty of Confidentiality
3. The ABA Model Rules on Confidentiality - A Summary.
  1. A Summary of ABA Model Rule 1.6
  2. Discussion
    1. The Basic Rule of Confidentiality.
    2. The Background of the Current ABA Model Rule 1.6.
    3. "Secrets" and "Confidences."
    4. Using (vice Disclosing) Confidential Information.
    5. Prospective Clients
    6. The Continuation of the Duty After the Attorney-Client Relationship.
    7. The Duty to Protect Confidential Information.
    8. Generally Known Information.
    9. An Introductory Comparison of the Duty to the Attorney-Client Privilege and Work Product Doctrine.
4. The ABA Model Rule 1.6 (2009 edition - the E2K/Enron Version)
Comparison of the Current ABA Model Rule and to the States
1. Introduction: They aren't called "model" rules for nothing
2. The Commonwealth of Kentucky
3. The State of South Carolina
The Attorney Client Privilege
1. Introduction to the Attorney-Client Privilege
2. The Wigmore Elements of the Attorney-Client Privilege
3. The Wikapedia Elements of the Attorney-Client Privilege
4. The Restatement Elements of the Attorney-Client Privilege
5. The Purpose of the Attorney-Client Privilege
6. Discussion of the Attorney-Client Privilege
  1. A "Communication" from a Client/Potential Client
  2. Two-Way Communication?
  3. Information From Non-Clients
  4. "Privileged Persons"
  5. In Confidence
  6. Purpose: Legal Advice
  7. An Organization as the Client
  8. Duration of the Attorney-Client Privilege
7. Exceptions to, and the Waiver of, the Attorney-Client Privilege
  1. Exception and Waiver
  2. The Crime/Fraud Exception
  3. Intentional Revelation/Waiver
  4. Selective Waiver
  5. Inadvertent Disclosure
  6. A Failure to Object
  7. Mistaken Release
  8. Underlying Information
  9. The Attorney-Client Privelge in Federal Litigation
8. "New Federal Rule of Evidence 502
  1. Change to FRE 502
  2. Inadvertent Disclosure
  3. Subject Matter Waiver
  4. Applicability of Federal Court Orders
  5. Confidentiality
  6. Affect on Electronic Discovery
  7. The New FRE 502
The Work Product Doctrine
1. Introduction
2. Terminology
3. Legal Status of the Work Product Doctrine
4. Background of the Work Product Doctrine
5. "Opinion" and "Ordinary" Work Products
  1. Key Distinction
  2. Obtaining an Ordinary Work Product
  3. Obtaining an Opinion Work Product
6. "Prepared in Anticipation of Litigation
7. The Work Product Doctrine in the Federal Rules of Civil Procedure
8. Comparison of the Work Product Doctrine with the Attorney-Client Privilege.
Comparisons of the Duty of Confidentiality, Attorney-Client Privilege, and the Work Product Doctrine
1. Source of Authority
2. Coverage or Scope
3. Operation
4. Responsibility
5. Duration
6. Effect of Improper Release/Breach

La Jolla Course Faculty

Kenneth J. Allen
Course Author and Seminar Director
Ken served as a federal government lawyer from 1976 to 2007. He was in the Army (either active duty or Army Reserve) from 1970 until his retirement from the Army Reserve in 2002, and in the federal civil service from 1984 to 2007. In 2007 he retired from government and became the general counsel of Engineering Systems Solutions, a service-disabled, veteran-owned company with primarily federal agency customers.

Since 1995 Ken has been a frequent speaker for government and private educators. He has authored over 40 training manuals, articles, and courses on subjects such as government contract law, federal appropriations and fiscal law, trial advocacy, leadership and management, the interpretation of government contracts, federal grant practice, and foreign military sales. He is also an adjunct faculty member of the Naval Postgraduate School’s International Defense Acquisition and Resource Management program, for whom he teaches.

Hilton Head Course Faculty

Steven N. Tomanelli is an attorney in the Washington, DC area specializing in government procurement law with the law firm of Wiley Rein LLP. Mr. Tomanelli provides legal services, training and consulting services in all aspects of government procurement and federal appropriations law. He teaches a broad variety of courses to government and contractor personnel, including contracting officers and technical staff, attorneys, financial managers, contractor proposal teams, support staff and program office personnel. Courses include: Performance-Based Contracting, Task Order Contracting, Source Selection, Advanced Source Selection, Contract Disputes and Terminations, Introduction to Government Contracting, Past Performance Evaluation, Oral Presentations for Best Value Source Selections, Federal Appropriations Law, Commercial Item Acquisition, as well as courses tailored for the specific customer.

Mr. Tomanelli is a retired Air Force Judge Advocate and has held numerous high-level positions, including Chief of Acquisition and Fiscal law for the Air Force's Air Mobility Command and Senior DoD Counsel for the National Reconnaissance Office (NRO) in Chantilly, Virginia. He has provided consulting services and legal advice in support of highly classified major system acquisitions and has been a member of many source selection boards, advisory councils and "red teams." He has also served as a Professor of Contract and Fiscal law at the Army Judge Advocate General's School in Charlottesville, Virginia, where he provided instruction in a wide variety of procurement and fiscal law topics. In 2001, he was selected as "The Outstanding Career Judge Advocate of the Air Force."

Mr. Tomanelli received his B.A. and J.D. at Hofstra University, and his Master of Laws in Federal Procurement Law at George Washington University. While earning his Master of Laws degree in Procurement, Mr. Tomanelli worked as an Intern at the Armed Services Board of Contract Appeals.

Mr. Tomanelli is one of the highest rated acquisition trainers in the country. He has authored over thirty course books and written numerous articles for national publications in federal procurement and fiscal law. He is a member of the New York and Florida Bars (Virginia admission pending), the National Contract Management Association and the Advisory Board of the Government Contractor (West Publishing).

Accreditation

CLE Hours

This Program is eligible for:

2 (60 minute)

CPE Hours

This Program is eligible for:

2 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live

CLP Hours