Gain an understanding of preservation of confidential evidence and avoiding ethical issues.
Today technology increases at an exponentially lightning pace. Just 15 to 20 years ago we were barely getting used to having a web site or email; now almost everything is geared towards the Internet, the fax machine is almost obsolete, and "scanning and email" from our phones has taken its place. But in our fast paced lifestyle attorneys should not forget that despite the convenience of modern technology, the ethical rules, and state and federal laws, still govern the use and preservation of documents. This information will help guide attorneys and other legal professionals through the maze of issues in the 21st Century regarding the preservation of confidential evidence, documents, and avoiding issues related to document theft and spoliation of evidence. This information is critical for any attorney or professional concerned about the risks of the loss or destruction of evidence.
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Attorney's Duty to Preserve Confidentiality and Secrets
- Model Rule 1.6
- What Documents Are Considered "Confidential" or "Secret"
- When Are Revelations Permitted
- LawyerToLawyer Communications
- What Must an Attorney Do to Safeguard Material
Document Preservation With Modern Technology
- Cloud Storage
- Protocols to Protect
- Use of the Internet
- Email Issues
Preservation of Documents in Office Sharing Situations
Recording of Phone Calls: Clients and Third Parties
- Is Recording a Call Without Permission Dishonest?
- State by State Laws Govern
Data Breaches and Cyber-Attacks
Surrendering Client Documents and Evidence
Remedies for Improper Access to Records and Evidence
- Civil Liability
- Disciplinary Action
Spoliation of Evidence
- State Law Controls
- Case Examples
- "Spoliator Beware" Standard
- Destructive Testing
- Electronic Spoliation
- Hard Disks and Data
Methods of Preserving Evidence
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This course was last revised on December 18, 2018.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5 including Ethics 0.75
- Alaska attorneys may receive 1.5 hours of continuing legal education, including 0.75 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 0.8
- 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 0.8 hours of ethics credit.
- Arizona CLE 1.5 including Ethics 0.75
- 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 0.75 hours of professional responsibility.
- CA MCLE 1.5 including Ethics 0.75
- 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 0.75 hours of ethics credit.
- CT CLE 1.5 including Ethics 0.9
- 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 0.90 hour(s) of ethics credit.
- HI CLE 1.5 including Ethics 0.75
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 0.75 ethics credit hours.
- 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
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- MT CLE 1.5 including Ethics 0.75
- This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 0.75 hours of ethics credit.
- ND CLE 1.5 including Ethics 0.75
- 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 0.75 hours of ethics credit.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
- NM CLE 1.5 including Ethics 0.7
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 0.7 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 both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.5 including Ethics 0.75
- Approved for 1.5 CLE credits in Oregon, including 0.75 hours of ethics credit.
- 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.
- UT CLE 1.5
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
- VT CLE 1.5 including Ethics 0.75
- 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 0.75 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
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8 including Ethics 0.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 0.8 hours of ethics credit.
- NALA 1.5
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.5 hour(s).
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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Brian H. Krikorian
Law Offices of Brian H. Krikorian
- Owner of Law Offices of Brian H. Krikorian
- Concentrates in the areas of commercial and business litigation, employment litigation, defense and prosecution of professional negligence claims, legal ethics claims and insurance bad faith litigation
- Former arbitrator in the mandatory attorney-fee arbitration program of the Los Angeles County Bar Association
- Frequently lectures on the topics of legal ethics, attorney-client privilege and confidentiality, and federal and state civil procedure
- J.D. degree, Southwestern University School of Law in Los Angeles; B.A. degree in English, University of California, Los Angeles
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