Confidentiality: Non-Clients' Misunderstanding and Mistakes (2022 Association Annual Meeting CLE)
2:25 Welcome and Introductions
2:30 Confidentiality: Non-Clients' Misunderstanding and Mistakes*
Thomas E. Spahn, McGuireWoods LLP, Tysons, VA
This interactive program uses hypotheticals to explore lawyers' confidentiality and disclosure duties in the context of non-clients' misunderstanding and mistakes. Among other things, the program addresses the difference between ethics and professionalism, dealing with unrepresented persons who may misunderstand a lawyer's role, negotiation ethics (including adversaries' factual or legal misunderstanding, substantive mistakes or scrivener's errors) and litigators' disclosure duties in the face of litigation adversaries' or courts' misunderstanding, mistakes, or scrivener's errors.