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Attorney-Client and Manager-Employee Privilege and Confidentiality

Gain an understanding of the law concerning attorney-client and confidentiality be applicable to managers-employees communications.

In a tell-all and whistle-blower era, employers may wonder whether attorney or manager conversations between an employer's lawyers or managers and employees can ever be protected or whether it's inevitable that those communications will find their way into depositions, water cooler conversations, or even social media posts. In fact, the law can help employers to protect these communications with employees, but only under certain circumstances. This topic will help inside and outside legal counsel, human resources professionals, and managers of private and public employers review or better understand the attorney-client privilege and confidentiality and the legal, as well as the ethical constraints on their ability to protect those conversations. You will also learn vital practical steps how to improve the chances of protecting those communications, including those rooted in employment policies, in establishment and enforcement of employer-employee agreements, in planning discussions or meetings, and in implementations of technology solutions.

Runtime: 90 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Attorney-Client Privilege and Attorney- and Manager-Employee Contacts

  • Benefits
  • Requirements
  • Scope and Extensions
  • Exceptions
  • Assertion
  • Waiver

Work Product Protections and Attorney- and Manager-Employee Contacts

  • Benefits
  • Requirements
  • Scope and Extensions
  • Exceptions
  • Assertion
  • Waiver

Public Employers and Manager-Employee Contacts

  • Deliberative Process
  • Sunshine Laws

Ethical Constraints on Contacts With Adverse Party Employees

  • ABA Ethics Opinions
  • State Ethics Opinions

Practical Tips for Protecting Manager-Employee Communications From Disclosure

  • Policies
  • Agreements
  • Planned Discussions
  • Technological Solutions
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More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

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  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5
     
  • TX MCLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 13, 2020.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5 including Ethics 0.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 0.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 0.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 0.5 hours of ethics credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5 including Ethics 0.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 0.50 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 0.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 0.50 hours of ethics credit.
     
  • CO CLE 2.0 including Ethics 2
     
  • Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hour(s) including 2.0 ethics credit(s).
     
  • CT CLE 1.5 including Ethics 0.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 0.50 hour(s) of ethics credit.
     
  • FL CLE 2.0 including Ethics 1; Labor and Employment Law 2
     
  • This course has been approved by The Florida Bar for 2.0 hours of CLE credit, including 1.00 hour of ethics credit. This course has been approved by The Florida Bar Certification Plan in the areas of Labor and Employment Law for 2.00 hours. Course classification: Intermediate level.
     
  • GA CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 0.5 ethics hours.
     
  • HI CLE 1.5 including Ethics 0.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 0.50 ethics credit hours.
     
  • IA CLE 1.5 including Ethics 0.5
     
  • Attorney-Client and Manager-Employee Privilege and Confidentiality is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hour(s) including 0.50 ethics hour(s) of unmoderated credit towards the mandatory continuing legal education requirements under the Iowa rule. Please note: you can receive a maximum of 6 hours of unmoderated activities per calendar year.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5 including Ethics 0.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit including 0.50 ethics hours under M. Bar R. 12.
     
  • MN CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 0.50 hours of ethics credit.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 0.50 hours of ethics credit.
     
  • NC CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours, including 0.50 hours of ethics credit.
     
  • ND CLE 1.5 including Ethics 0.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 0.50 hours of ethics credit.
     
  • NH MCLE 1.5 including Ethics 0.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 89 minutes including 30 minutes of ethics.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 0.5 hours of ethics credit.
     
  • NV CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 0.50 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 0.5; Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 0.50 hours and Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.5 including Professional Conduct 0.5
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit hours, including Professional Conduct for 0.50 hours. Please note: Not more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • OK CLE 2.0 including Ethics 0.5
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 0.50 hours are credits covering legal ethics.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • PA CLE 1.5 including Ethics 0.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 0.50 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 0.50 hours of ethics credit.
     
  • TN CLE 1.5 including Dual 0.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit, including 0.50 hours of dual credit.
     
  • TX MCLE 1.5 including Ethics 0.5
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 0.50 credit hours will apply to legal ethics/professional responsibility credit. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 0.50 hours will apply to legal ethics/professional responsibility credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VA CLE 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5 including Ethics 0.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit including 0.50 hour(s) of ethics credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 0.50 hours of ethics credit.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8 including Ethics 0.6
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 0.6 hours of ethics credit.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Christopher M. Leh

Christopher M. Leh

Leh Law Group

  • Co-founder and managing partner, Leh Law Group
  • Practice emphasizes advising employers to prevent employment issues with their employees from arising, assisting them to resolve employee disputes when they occur, and vigorously representing them if those disputes erupt into employment, noncompete and trade secrets, or civil litigation
  • Author, “Attorney-Client Privilege,” in Discovery in Colorado (CBA-CLE 2018) and other articles and blog posts related to employment law and privacy
  • Conducts regular seminars and workshops on all aspects of employment law and compliance, including wage and hour; discrimination, harassment, and retaliation; trade secrets and noncompete enforcement and defense; employment handbooks, and noncompetition and separation agreements
  • Former chair, Colorado Labor & Employment Law Selection and Boulder County Bar Association, member, Jury Instructions Task Force, Faculty of Federal Advocates (2001-date)
  • City Council Member (2014-date) and former Planning Commission Member (1999-2001), Louisville, Colorado
  • Achieved the highest rating in the Martindale-Hubbell Law Directory, Colorado SuperLawyer®, Best Lawyers®
  • J.D. degree, New York University School of Law; B.A. degree, Princeton University; Certificate in Mediating Disputes, Program on Negotiation, Harvard Law School
  • Can be contacted at 303-327-1415, (cell) 303-668-3916, or [email protected]
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More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 407510
Published 2020
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