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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Why Lorman?
Over 34 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's Duty to Preserve Confidentiality and Secrets
- Model Rule 1.6
- What Documents Are Considered "Confidential" or "Secret"
- When Are Revelations Permitted
- CrimeFraud
- LawyerToLawyer Communications
- What Must an Attorney Do to Safeguard Material
Document Preservation With Modern Technology
- Cloud Storage
- Protocols to Protect
- Use of the Internet
- Metadata
- 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
- Disqualification
Spoliation of Evidence
- State Law Controls
- Case Examples
- "Spoliator Beware" Standard
- Destructive Testing
- Electronic Spoliation
- Emails
- Hard Disks and Data
Methods of Preserving Evidence
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Why Lorman?
Over 34 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
OnDemand Course
This course was last revised on December 18, 2018.
Call 1-866-352-9540 for further credit information.
No Credit AvailableThis program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 34 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
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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Why Lorman?
Over 34 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.
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