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OnDemand Course

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 e-mail 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, and 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 information 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.

Runtime: 89 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

Privacy (Business; Client Satisfaction)

  • Privacy Expectations
  • Case Studies/Examples

Privacy (Ethics)

  • Understanding Relevant Aspects of Confidentiality and Attorney-Client Privilege
  • Keep It Professional and Classy: Texting "Do's and Don'ts"

Privacy (Laws)

  • What Attorneys Should Know About How Privacy Laws Relate to Texting
  • California and Massachusetts: Regulatory Quirks
  • Case Studies/Examples

Complications and Risks

  • Attorneys' Concurrent Personal and Professional Use of Devices
  • Hacking Risks

Final Thoughts

  • Don't Forget the Rules
  • Meet or Exceed Expectations
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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.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, 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 May 17, 2018.

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

  • CA MCLE 1.25 including Ethics 1.25
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.25 CLE hours of participatory credit, of which includes 1.25 hours of ethics credit.
     
  • NM CLE 1.4 including Ethics 1.4
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.4 hours of credit, including 1.4 hours of ethics credit.
     
  • OR CLE 1.25 including Ethics 1.25
     
  • Approved for 1.25 CLE credits in Oregon, including 1.25 hours of ethics credit.
     
  • WA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics 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.

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

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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.

Faculty

Noel R. Bagwell, III, Esq.

Noel R. Bagwell, III, Esq.

Executive Legal Professionals, PLLC

  • President and chief legal counsel at Executive Legal Professionals, PLLC (ExecutiveLP®)
  • Practice emphasizes all aspects of preventive law for start-ups and entrepreneurs, especially in connection with business formation, outside general counsel, franchising, and small business mergers and acquisitions
  • Conducts regular seminars and workshops on numerous preventive law, start-up law, small business law, small business mergers and acquisitions, contracts, franchising, and other small business legal services
  • Written several publications related to the areas of preventive law for start-ups and small businesses
  • Member of the Nashville Bar Association and Tennessee Bar Association
  • J.D. degree, Cumberland School of Law at Samford University, Birmingham, AL; B.A. degree in philosophy, Austin Peay State University, Clarksville, TN
  • Can be contacted at 615-716-0606, [email protected] or on Twitter® @ExecutiveLP
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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.

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

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* For audio recordings you only pay shipping

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Product ID: 402107
Published 2018
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