Posts Tagged ‘attorney-client privilege’
Communications Between Clients and Adversaries May Cause Ethical Dilemmas
Copying clients on emails sent to opposing counsel, whether through “cc” or “bcc” commands, may have serious consequences affecting attorney client privileges. While communicating with parties is necessary for driving litigation forward, lawyers must adopt responsible email strategies to avoid breaching attorney-client privileges.
Read MoreWhen to Rely on PR Strategy: How Far is Too Far?
Litigators will want to keep a close eye on all matters of communication and be careful not to assume privileges automatically exists between a client and third parties. If third parties don’t provide the necessary information and legal advice for the client’s case, that information will not remain privileged and may come under scrutiny by court officials and opposing parties.
Read MoreThink Twice Before You Post: How Social Media Waives Confidentiality
Engaging in online threads, posts, or tweets that reveal sensitive information may waive confidentiality. The trick is discerning if the information that’s posted qualifies as one of the exceptions to Model Rule 1.9.
Read MoreDon’t Let the Clawback Bite Back: The Necessary Steps for Creating an Effective Clawback Agreement
Litigators construct clawback agreements that allow parties to retrieve important documents without having client-attorney privileges revoked. But the successful retrieval of documents is only possible when clawback agreements are prepared properly.
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