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Teaching Ethics to Practicing Lawyers

This article explores the complexities of attorney-client privilege and work-product protection, particularly in the context of the internet and privacy concerns. It outlines critical ethical responsibilities under Rule 1.6(a) concerning confidentiality and the limitations on the revelation and use of information. Through a practical Venn diagram, the piece illustrates potential overlaps between internet privacy and legal obligations. Relevant scenarios are discussed, shedding light on how lawyers can navigate these ethical dilemmas effectively while representing clients' interests.

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Teaching Ethics to Practicing Lawyers

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  1. Teaching Ethics to PracticingLawyers Michael Downey

  2. Attorney- Client Privilege Work-Product Protection

  3. Internet vs. Privacy: "a helpful Venn diagram" The Internet Privacy By David Hoffman, available at http://bit.ly/bqU5vU

  4. Duty of Confidentiality – Rule 1.6(a) Information from any source Relating to representation Limit on "revelation" Limit on "use" in Rule 1.8 Client Opposing counsel Media reports Adverse party Lawyer Pleadings Third party

  5. Attorney-Client Privilege Client Lawyer Regarding Legal Representation

  6. Joint Defense/Common Interest Privilege Client 1 Client 2 Lawyer 1 Lawyer 2

  7. Work-Product Protection A lawyer's involvement is not required

  8. The Accident #1 Your Client Joe Joe's Trucking W3 W1 W2

  9. The Accident #1 – Joe with Lawyer Your Client Joe Joe's Trucking W3 W1 W2

  10. The Accident #2 – NTC with Lawyer Your Client Nationwide Trucking Co. NTC Driver TD W3 W1 W2

  11. The Accident #2B – NTC with Lawyer – Driver with Separate Lawyer Your Client Nationwide Trucking Co. NTC Driver W3 W1 W2

  12. The Accident #3 – NTC with Counsel Your Client Nationwide Trucking Co. NTC Driver W1 NTC CEO NTC EE Coverage Possible

  13. Thank You • Michael Downey • Armstrong Teasdale LLP • 314-342-8072 direct • Mdowney@armstrongteasdale.com • Resource . . . www.MissouriEthicsLawyer.com

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