Text messaging has become a mainstream form of communication. Clients now routinely text their lawyers about pending matters. They may ask about the status of a case, provide facts about a case, communicate decisions to a lawyer, or message other sensitive information.
These messages are often to a lawyer's mobile phone that is used extensively for personal purposes, unsecured in their transmissions, and easily accessible by third parties. This new wave of lawyer-client communication raises many difficult ethical questions, including preservation of the attorney-client privilege.
This program provides a guide to the major ethics issues when lawyers and their clients text message about pending matters.
- Confidentiality issues involving unsecured transmission of texts involving sensitive case issues
- How to handle mobile phones used for both personal purposes and law practice
- Potential loss of the attorney-client privilege when text messages are accessible by third parties
- Tension among the duties of competence, prudence and to communicate with clients
- Understanding the ethical risks and counseling clients about the risks to their case when texting
DETAILS
Phone/Audio
Monday, November 1, 2021
1:00–2:00 PM
SPEAKERS
- Thomas E. Spahn, McGuireWoods LLP, McLean, VA
PRODUCED
February 19, 2021
APPROVED CREDIT
North Carolina: 1.00 MCLE Hour
Includes
1.00 Ethics/Professional Responsibility
1.00 Technology Training
PROGRAM PRICING
See pricing below.
