Program Details

Too Hot to Handle: Ethically Dealing with Information You (Arguably) Shouldn't Have

Content Partner:  ALI CLE
Price: $199.00*
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Description: Have you ever:
  • Received an email from opposing counsel that you know was not intended for you?
  • Found a privileged document in the midst of a document production?
  • Been handed a recording of a telephone conversation where both parties did not know they were being recorded?
In today’s digital age, nearly everything is recorded or documented in some way – from metadata in a Word document to texting records to internet browsing history. The chances are good that a lawyer will find him or herself, at some point, in possession of someone else’s inadvertently-produced privileged or work product documents, stolen trade secrets, or even wiretapped recordings or hacked email. What to do? How do you weigh your duty to respect the attorney-client privilege against your duty to vigorously represent your client?
Our presenters will survey the case law, statutes, and rules that address a lawyer’s obligations when one winds up with such “hot” documents or data, including those on:
  • attorney-client privilege, work product protection, and confidentiality (MRPC 4.4; ABA Formal Opinion 11-460)
  • the rules of evidence (FRE 502)
  • state and federal laws in the areas of wiretapping, trade secrets, computer fraud, and more

Practice Areas: Ethics & Professional Responsibility
Online Media Type: Audio
Production Date: 03/22/2019 12:00 PM EDT
Level: Intermediate
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format: Live

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

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Pamela A. Bresnahan - Partner, Vorys, Sater, Seymour and Pease LLP
Lucian T. Pera - Partner, Adams and Reese LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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