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The Ethics of Creating Attorney-Client Relationships in the Electronic Age (teleseminar)
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When: 07/15/2016
1:00 PM to 2:00 PM
Where: United States
Contact: (404) 521-0781

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One-hour CLE programs are just a phone call away
Convenient, affordable, timely and informative
An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

1 CLE hour, including 1 Ethics hour

An attorney-client relationship in a world where all law office technology – mobile phones and email, electronically stored information and working-from-home networks – are interconnected is easily created.  An attorney may make a general statement of law via email or online, triggering a relationship. Preserving the attorney-client privilege in this environment is challenged from every direction – conversations are easily overheard and confidential information accessed.  It’s also an ethical minefield.  Attorneys are generally required under the duty of competence to understand how law office and other technology work when communicating with clients and how those communications can be secured to preserve confidentiality and the privilege.  When these ethical standards are not satisfied, the privilege may be lost and the attorney subjection to ethical sanction. This program will provide you with a practical guide to creating an attorney-client relationship in an electronic age how to preserve the attorney-client privilege and work product protections. 

Ethics of creating the attorney-client relationships – often inadvertently – in an electronic world
Practical steps to preserve the attorney-privilege using law office technology to withstand subsequent challenges
Ethical issues in preserving the privilege – competence, confidentiality, data security
Review of decisions finding a waiver of the privilege due to breaches of confidentiality 
Special privilege issues with organizational clients – how and with whom can conversations be had or information shared? 
Standards for privilege waiver where communications are intentionally v. accidentally disclosed 
Best standards for ensuring ethical compliance and preserving the privilege and work product protections


Thomas E. Spahn
is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.


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