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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 email 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. It will also help 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 program 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.

92 minutes
Course Exam
Certificate of Completion
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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

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 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

Applications have not yet been submitted for Delaware, Idaho, Ohio, and South Carolina 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 April 7, 2021.

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

  • AK CLE 1.5 including Ethics 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 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 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.
     
  • AR CLE 1.5 including Ethics 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.50 hours of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • 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 1.50 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • 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 1.50 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 1.5
     
  • 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 1.50 hour(s) of ethics credit.
     
  • FL CLE 2.0 including Ethics 2; Technology 2
     
  • This course has been approved by The Florida Bar for 2.0 hour(s) of CLE credit, including 2.00 hour(s) of ethics credit and 2.00 hour(s) of Technology credit. Course classification: Intermediate level.
     
  • 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 1.5 including Ethics 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 1.50 ethics credit hours.
     
  • IA CLE 1.5 including Ethics 1.5
     
  • Legal Ethical Issues of Texting 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 1.50 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 including Professionalism 1.5
     
  • This course was approved for a total of 1.5 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 1.50 hours.
     
  • IN CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Indiana Commission for Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education CLE credit which includes 1.5 hour(s) of ethics.
     
  • KY CLE 1.5 including Ethics 1.5
     
  • This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of 1.5 credits, including 1.50 ethics credit.
     
  • LA CLE 1.5 including Professionalism 1.5
     
  • This program has been approved by the Louisiana State Bar MCLE Committee for 1.50 hours of professionalism credit.
     
  • ME CLE 1.5
     
  • 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 under M. Bar R. 5.
     
  • MN CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.50 hours of ethics credit.
     
  • MS CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours, including 1.5 hours of ethics credit.
     
  • NC CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 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 Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 92 minutes of ethics credit.
     
  • NJ CLE 1.8 including Ethics 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. Of these, 1.8 qualify as hours of credit for ethics/professional responsibility.
     
  • NM CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
     
  • NV CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 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, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OK CLE 2.0 including Ethics 2
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 2.00 hours are credits covering legal ethics.
     
  • PA CLE 1.5 including Ethics 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 1.50 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.
     
  • TN CLE 1.53 including Dual 1.53
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.53 hours of credit, including 1.53 hours of dual credit.
     
  • TX MCLE 1.5 including Ethics 1.5
     
  • 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 1.50 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 1.50 hours will apply to legal ethics/professional responsibility credit.
     
  • UT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • VA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours, including 1.50 hours of ethics credit.
     
  • VT CLE 1.5 including Ethics 1.5
     
  • 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 1.50 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 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.
     
  • WY CLE 1.5 including Ethics 1.5
     
  • This program has been approved for 1.5 hours of CLE by the Wyoming State Bar, including 1.50 hours of ethics credit.
     
  • NALA 1.53 including Ethics 1.53
     
  • 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: 1.53 hour(s) including 1.53 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.

MP3 Download

  • AK CLE 1.5 including Ethics 1.5
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • CT CLE 1.5 including Ethics 1.5
     
  • HI CLE 1.5 including Ethics 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NY CLE 1.5 including Ethics and Professionalism 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.

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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

Noel R. Bagwell, III, Esq.

Noel R. Bagwell, III, Esq.

ExecutiveLP®

  • Operates ExecutiveLP®, a virtual law firm based in Nashville, Tennessee
  • Has won numerous awards, including the Tennessee Supreme Court’s Attorney for Justice award for his pro bono work with veteran entrepreneurs, as well as the Clarksville, TN Mayor’s Certificate (2019) for his contributions to the business community in that city, which, in 2019, Money magazine named the Best Place to Live in America
  • Exclusively works with business clients to transform their legal support from a cost center to a profit engine, through ExecutiveLP’s legal operations install service, Profit from Legal™, and ExecutiveLP’s Legal Lifeline and Signet™, outside general counsel services
  • Author of How to Structure Your Business for Success, a book of legal guidance for startups interested in putting their new venture on a firm legal foundation; Profit from Legal, an upcoming book structuring legal operations around the use of legal key performance indicators to create the conditions necessary for legal support to generate positive ROI for businesses; and numerous print and electronic articles for the Nashville Bar Journal and various blogs
  • The host of the Profit from Legal Podcast
  • J.D. degree, Cumberland School of Law at Samford University; Scholar of Merit: Economic Analysis of Law; B.A. degree in Philosophy, minor in international studies, Austin Peay State University
  • Can be contacted at 615-716-0606 (option 5) and [email protected], on LinkedIn: https://www.linkedin.com/company/2779139/; LinkedIn Group: https://www.linkedin.com/groups/13936380/; on Twitter: @ExecutiveLP; https://www.twitter.com/ExecutiveLP; Facebook: https://www.facebook.com/ExecutiveLP; or Facebook Group: https://www.facebook.com/groups/profitfromlegal
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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.

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: 408321
Published 2021
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