You mention to someone you just met at a cocktail party that you are an attorney. Without warning, she tells you the details of her son's DUI case and asks you for your advice . . . . Someone uses the "Contact Us" link on your firm's website to send you a message filled with confidential facts about his pending case . . . . Do these encounters create attorney-client relationships and are these communications privileged?
Client confidentiality is the hallmark of the attorney-client relationship. But while it ensures open communication between the attorney and the client, it also offers traps for the unwary: The attorney-client relationship can be easily formed and the duty of confidentiality may attach even to unsolicited communications and informal advice.
This concise and practical program probes the boundaries of the attorney-client privilege in a variety of contexts and circumstances to examine:
The circumstances under which you can unwittingly create an attorney-client relationship
The types of communications from potential clients that are not privileged
The kinds of client conduct that fall outside the protection of the attorney-client privilege
From the popular ALI-ABA telephone seminar/audio webcast originally broadcast on April 2, 2008, this replay features an update and live Q&A with Ms. Mazzarella for which you can submit your questions before and/or during the program. Reference will be made to the legal and ethics rules governing attorney-client privilege, including the applicable ABA Model Rules of Professional Conduct and relevant case law.
Need ethics credit? This seminar qualifies for 1.0 to 1.5 ethics credit hours, depending on state requirements, in MCLE jurisdictions that accredit live telephone seminars and/or webcasts.
Wendy Patrick Mazzarella is a San Diego County Deputy District Attorney and Chair of the San Diego County Bar Association Ethics Committee. Ms. Mazzarella is a member of the California State Bar Committee on Professional Responsibility and Conduct, has her own monthly ethics column in the San Diego Daily Transcript, and is widely published in the field of ethics. She lectures on ethics on a regular basis in California and around the United States, and has taught ethics internationally. Ms. Mazzarella sits on the Executive Committee of the California State Bar Criminal Law Section and is a Barrister member of the Louis M. Welsh American Inn of Court. She is a past Vice President of the SDCBA, a past Vice President and Programs Chair of the Lawyers Club of San Diego, and a former member of the San Diego Citywide Advisory Committee to the Office of Ethics and Integrity.
Ross G. Simmons is the principal of The Simmons Law Firm, ALC, in San Diego, where he advises and assists individuals and businesses in corporate law and general business matters. Mr. Simmons is the Vice-Chair of the Legal Ethics Committee of the San Diego County Bar Association and was a member of the California Coordinating Committee to the ABA Ethics 2000 Commission. He has taught professional responsibility as an Adjunct Professor at the University of San Diego and the Thomas Jefferson Schools of Law. Mr. Simmons regularly lectures on professional responsibility and other legal issues with California local and state bar associations.
Eastern 1 pm - 2:15 pm | Central 12 noon - 1:15 pm | Mountain 11 am - 12:15 pm | Pacific & Arizona 10 am - 11:15 am | Alaska 9 am - 10:15 am | Hawaii 7 am - 8:15 am
Total 60-minute hours of instruction: 1.25; total 50-minute hours: 1.5
Virtually all ALI CLE programs receive credit in AK, AL, AZ, CA, CO, CT, DE, FL, HI, IA, IL, IN, KS, KY, ME, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV and WY. Upon request, ALI CLE will apply for credit in ID, LA, and RI.
For more information about CLE or CPE credit, email TeamMCLE@ali-cle.org or call 1-800-CLE-NEWS (253-6397).
The Table of Contents for this coursebook can be found below. For further information about the program, please use the links on the lefthand side under "Course Details".