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Sponsored by Lorman Education
Product ID: 408321EAU
Credit & Course Provided by:

Legal Ethical Issues of Texting

OnDemand Webinar (92 minutes)

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.


Noel R. Bagwell III, Esq., Executive Legal Professionals, PLLC


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