Client Confidentiality and the Difficulty Complying with Ethical Requirements in a Digital Age

Matthew Fletcher
Matthew Fletcher | Connor, Fletcher & Hedenkamp LLP

Mr. Fletcher practices complex business litigation in trial, arbitration, mediation, and appellate court proceedings.

Live Video-Broadcast: December 12, 2022
Client Confidentiality and the Difficulty Complying with Ethical Requirements in a Digital Age

$95.00 1 hour CLE

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Program Summary

This course will discuss whether the ABA Model Rules governing a lawyer’s duties to keep communications with clients confidential are compatible in today’s digital world. The program will dissect End User License Agreements with major technology companies, explore existing case law, and provide practice tips and approaches to mitigate the ethical risks presented by modern technology.

Key topics to be discussed:

  • Attorney Client Privilege – Ethical Duties
  • Risks You May Be Taking
  • Can The Risks Be Mitigated?

Date / Time: December 12, 2022

  • 2:00 pm – 3:00 pm Eastern
  • 1:00 pm – 2:00 pm Central
  • 12:00 pm – 1:00 pm Mountain
  • 11:00 am – 12:00 pm Pacific

Closed-captioning available

Speakers

Matthew Fletcher_ Connor, Fletcher & Hedenkamp LLP._myLawCLEMatthew Fletcher | Connor, Fletcher & Hedenkamp LLP

Mr. Fletcher practices complex business litigation in trial, arbitration, mediation, and appellate court proceedings. He handles state and federal court cases involving shareholder and partnership disputes, trust and probate litigation, fraud and breach of contract cases, real estate litigation, contractor and surety disputes, breach of fiduciary duty, elder abuse, and professional negligence. Mr. Fletcher’s clients include publicly traded companies, privately held corporations of all sizes, high-net-worth entrepreneurs and business owners, commercial and residential real-estate developers, large retail-chain stores, trusts, utility companies, and public-school districts, private schools, and universities.

Membership/Leadership Positions

Mr. Fletcher is actively involved in Orange County and State Bar associations. He has served in several leadership positions, including Chairman of the Orange County Bar Association’s Business Litigation Section. Besides his bar activities, Mr. Fletcher devotes a significant portion of his free time to pro bono clients and local volunteer organizations. Mr. Fletcher received the Attorney of the Year Award from the Public Law Center for his pro bono work. He currently serves as Co-Chair of the Men’s Committee for the annual Rich Saul Memorial Golf Classic, which benefits ChildHelp.

Mr. Fletcher has served as the Chair of the Business Litigation Section of the Orange County Bar Association. Annually since 2010, he has moderated CFH’s annual update on new cases, statutes, and rules of court, along with members of CFH. Mr. Fletcher is also an active member of the Orange County Bar Association, the OCBA Appellate Section, the Celtic Bar Association, Litigation Counsel of America, and the Association of Business Trial Lawyers.

Mr. Fletcher received his bachelor’s degree in Accounting from the University of Akron in 1996. He received his J.D. degree, magna cum laude, from the University of Akron School of Law. While in law school, Mr. Fletcher served as Assistant Editor-in-Chief of the Akron Law Review.

Mr. Fletcher is licensed to practice in the State of California, and he is admitted to the Federal District Court for the Central District of California and the Federal District Court for the Southern District of California.

Agenda

I. Introduction | 2:00pm – 2:10pm

  • Are the rules governing a lawyer’s duty to maintain confidentiality compatible with today’s technology
  • Mindless clicking of end user license agreements?
  • Do you even know what you are signing?

II. Attorney client privilege – ethical duties | 2:10pm – 2:25pm

  • ABA model rules
  • Examples of relevant case law and states addressing technology

III. Risks you may be taking | 2:25pm – 2:40pm

  • EULA’S, Privacy policies, and consent and application in the real world
  • Your client’s failure to protect communications with you

IV. Can the risks be mitigated? | 2:40pm – 3:00pm

  • Impossible solution
  • Client disclosure
    • Engagement letter
    • Special technology waiver
    • Give client communication options?
  • Third party providers for your law firm
  • Know who can access your data and prevent breaches
  • Technology solutions
  • Final thoughts based on real world examples