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A virtual course 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 virtual course 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.