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Overview

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/Locations
May 5, 2021
Hyatt Regency La Jolla at Aventine
La Jolla, CA
Travel Info
Standard: $195.00
Premium: $590.00
Register
July 28, 2021
The Westin Hilton Head Island
Hilton Head Island, SC
Travel Info
Standard: $195.00
Premium: $590.00
Register
Agenda
3:00 PM - 5:00 PM
La Jolla, CA and Hilton Head, SC

Course Agenda

PART I. - "Legal Ethics"

  1. 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 
        1. A Mix 
        2. New Topics
        3. CLE Teaching Methods 
        4. Our CLE Instruction 
    4. "Ethics," "Legal Ethics," and "Professional Responsibility" 
      1. The "Right Thing" 
      2. "Be Nice" Ethics 
      3. "Legal Ethics."
      4. "Professional Responsibility"
         
  2. 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

  1. The Confluence of Three Topics  
    1. Introduction
    2. Our Approach
       
  2. 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)
       
  3. 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
       
  4. 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
         
  5. 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.
       
  6. 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
Experts
  • M. Warner Meadows
    Mr. Meadows has a Bachelor of Arts Degree from Auburn University, a Juris Doctor Degree from Mercer University and Masters of Laws Degree in Government Contracts with an emphasis in Environment Law from George Washington University. 

    After practicing law in Macon, Georgia, M...
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 2.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: 2.0 (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: 2.0 (60 minutes), 2.0 (50 minutes)
Travel
Hyatt Regency La Jolla at Aventine
3777 La Jolla Village Drive
La Jolla, CA, 92122
8585521234
Hotel & Room Block Info

We have a room block secured for the La Jolla weeklong event. For guest room reservations, call 800.937.8461 and reference the Federal Publications room block. Group rate is $239 + taxes/night. Click here https://www.hyatt.com/en-US/group-booking/JOLLA/G-FP21 to make your reservation. You must make your reservation by April 1, 2021. Rooms are subject to availability.

Government Per Diem

A limited number of Government per diem rate rooms have been set aside. Click here https://www.hyatt.com/en-US/group-booking/JOLLA/G-FP21/PER DIEM to make your reservation. You must make your reservation by April 1, 2021. Rooms are subject to availability.

General Information

Food & Beverage
During La Jolla Government Contracts Week, we will be serving continental breakfast, lunch and an afternoon snack each day.

The Westin Hilton Head Island
2 Grasslawn Avenue
Hilton Head Island, SC, 29928
8886278551
Hotel & Room Block Info

We have a room block secured for the Hilton Head weeklong event. For guest room reservations, click here. Group rate is $269 + taxes, plus a Resort Charge of $17/room/night (this is reduced from the normal $28/night). You must make your reservation by July 5, 2021. Rooms are subject to availability.

Government Per Diem

Please note that we have reserved a limited number of guest rooms at the government per diem. These rooms are limited to one attendee per qualifying company. You will be required to present a valid Government ID upon check-in to confirm use of the government rate. To make a reservation, click here.

General Information

Food & Beverage
During Hilton Head Week, we will be serving continental breakfast, lunch and an afternoon snack each day.