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Legal Ethical Issues of Texting


Gain an understanding of the proper ways to engage using technology and the impact of attorney-client interactions.

Many attorneys who use common technology tools, such as email and text messaging, often do not understand how using them will impact attorney-client privilege. They also may not be able to identify and implement best practices for reducing the risk that the attorney-client privilege may be waived by the inadvertent disclosure of otherwise privileged information. This topic will help you identify the three primary threats to attorney-client privilege posed by technology. It will also help to improve your awareness of best practices for proactively and preventively addressing those threats. The topic also provides valuable do's and don'ts to help you keep your use of text messaging professional and classy. Inadvertent disclosures of otherwise privileged information are the most common causes of waiver of the privilege. It has often led to unfavorable outcomes for clients, and could lead to disciplinary action against attorneys who fail to exercise reasonable caution with respect to disclosures, especially in a discovery context. This program is critical for attorneys so they can ensure their firm's policies and procedures reflect best practices in the industry with respect to preventing inadvertent disclosures of privileged communications and documents - especially with respect to text messaging and similar technologies.



Noel R. Bagwell, III, Esq.

Noel R. Bagwell, III, Esq.


  • Founder of Lead Again™, a leadership consultancy helping leaders reclaim calm from crisis by developing competence, confidence, and trust (
  • Operates ExecutiveLP®, a virtual law firm based in Nashville, Tennessee
  • Has won numerous awards, including the Tennessee Supreme Court’s Attorney for Justice award for his pro bono work with veteran entrepreneurs, as well as the Clarksville, TN Mayor’s Certificate (2019) for his contributions to the business community in that city, which, in 2019, Money magazine named the Best Place to Live in America.
  • Exclusively works with business clients to transform their legal support from a cost center to a profit engine through ExecutiveLP’s legal operations install service, Profit from Legal™, and ExecutiveLP’s Legal Lifeline and Signet™, outside general counsel services
  • Author of How to Structure Your Business for Success, a book of legal guidance for startups interested in putting their new venture on a firm legal foundation; Profit from Legal, an upcoming book structuring legal operations around the use of legal key performance indicators to create the conditions necessary for legal support to generate positive ROI for businesses; and numerous print and electronic articles for the Nashville Bar Journal and various blogs
  • J.D. degree, Cumberland School of Law at Samford University; Scholar of Merit: Economic Analysis of Law; B.A. degree in Philosophy, minor in international studies, Austin Peay State University
  • Can be contacted at 615-716-0606 (option 5), [email protected], LinkedIn®; LinkedIn Group; Twitter @ExecutiveLP;; Facebook; or Facebook Group

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