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Audio & Reference Manual

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 32 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 32 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 Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Oklahoma, 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.

  • AK CLE 1.25 including Ethics 1.25
     
  • Alaska attorneys may receive 1.25 hours of continuing legal education, including 1.25 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 1.5
     
  • 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 1.5 hours of ethics credit.
     
  • Arizona CLE 1.25 including Ethics 1.25
     
  • 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 1.25 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.25 hours of professional responsibility.
     
  • CA MCLE 1.25 including Ethics 1.25
     
  • Lorman Business Center, Inc. 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.
     
  • CT CLE 1.0 including Ethics 1
     
  • 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: 1.0 CLE credit(s) including 1.00 hour(s) of ethics credit.
     
  • GA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 1.5 ethics hours.
     
  • HI CLE 1.25 including Ethics 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours including 1.25 ethics credit hours.
     
  • IL CLE 1.25 including Professionalism 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Professionalism for 1.25 hours.
     
  • ME CLE 1.0 including Ethics 1
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit including 1.00 ethics hours under M. Bar R. 12.
     
  • MN CLE 1.25 including Ethics 1.25
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.25 hours of credit, including 1.25 hours of ethics credit.
     
  • MT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 1.50 hours of ethics credit.
     
  • NC CLE 1.25 including Ethics 1.25
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.25 CLE hours, including 1.25 hours of ethics credit.
     
  • ND CLE 1.5 including Ethics 1.5
     
  • 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 1.50 hours of ethics credit.
     
  • NH MCLE 1.5 including Ethics 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). This Program contains 90 minutes of legal 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.
     
  • NV CLE 1.0 including Ethics 1
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours, including 1.00 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • 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 1.50 hours. 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, Inc. 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 1.5
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit 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.
     
  • OR CLE 1.25 including Ethics 1.25
     
  • Approved for 1.25 CLE credits in Oregon, including 1.25 hours of ethics credit.
     
  • PA CLE 1.0 including Ethics 1
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours including 1.00 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • SC CLE 1.46 including Ethics 1.46
     
  • This program has been approved by the South Carolina Supreme Court Commission on CLE and Specialization for 1.46 hours of mandatory CLE credit, including 1.46 hours of ethics credit.
     
  • UT CLE 1.0 including Ethics 1.25
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.0 CLE hours, including 1.25 hours of ethics credit.
     
  • VT CLE 1.25 including Ethics 1.25
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.25 hours of self-study CLE credit, including 1.25 hours of ethics.
     
  • 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.
     
  • WV MCLE 1.8 including Ethics 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.
     
  • NALA 1.47 including Ethics 1.47
     
  • 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: 1.47 hour(s) including 1.47 hour(s) of ethics credit.
     
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.

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE
     
  • ME CLE 1.5
     
  • MO CLE
     
  • MT CLE
     
  • NJ CLE
     
  • NM CLE
     
  • NV CLE
     
  • NY CLE
     
  • UT CLE
     
  • VT CLE 1.5
     
  • WA CLE
     
  • WV MCLE
     
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.

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More Program Information

Why Lorman?

Over 32 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 Reese Bagwell, III

Noel Reese Bagwell, III

Executive Legal Professionals, PLLC

  • President and chief legal counsel at Executive Legal Professionals, PLLC (ExecutiveLP®)
  • Practice emphasizes all aspects of preventive law for startups 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, startup 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 startups 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 615-669-6566, [email protected] or on Twitter® @ExecutiveLP
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Why Lorman?

Over 32 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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Product ID: 402107
Published 2018
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