Confidentiality: Part II (Exceptions to the Duty)
In the first hour, Spahn will use hypotheticals to explore exceptions to lawyers’ confidentiality duty. Among other things, the program will address lawyers disclosing client confidential information:
- in the context of joint representations and common interest agreement
- when complying with laws or court orders
- in clearing conflicts of interest on a daily basis and when hiring laterals
- when defending themselves from clients’ and non-clients’ claims or criticism
- in seeking to collect their fees or withdraw as counsel of record.
Lawyers’ Responsibilities as Officers of the Court When Dealing with Tribunals: Professionalism Issues
In the second hour, Spahn will use hypotheticals to explore: lawyers’ dealings with tribunals (including the obligation to disclose unfavorable facts, unfavorable case law and unpublished case law); lawyers’ courtroom and deposition behavior.