Law Firm Internal Investigations and the Attorney-Client Privilege
Maintaining Confidentiality and Avoiding Conflicts of Interest
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, November 19, 2008
Recorded event now available
Description
Law firms, like any other business in this country, face lawsuits and claims of wrongdoing by clients, as well as by employees and others on a regular basis.
Like other companies, law firms must conduct internal investigations into such claims and deal with issues of attorney–client and work product privilege. However, law firms must also deal with unique privilege and legal ethics issues.
Every law firm must prepare for the possibility of being a defendant in litigation. Every firm should have a well-structured internal review program, including proactive measures to ensure that investigations protect both client and attorney confidentiality.
Listen as our authoritative panel of legal specialists examines the attorney–client privilege in the context of law firm internal investigations, potential conflicts of interest, and attorney ethical issues that may arise.
Outline
- Attorney–client privilege
- Scope of privilege
- Intra-firm dissemination of privileged information
- Discovery
- Current client or fiduciary exception
- Court and state bar treatment
- Ethical considerations
- Conflicts of interest
- Fiduciary duty to client
- Best practices to maintain confidentiality
- Appoint regular general counsel or ethics counsel
- Investigate or act on professional liability or responsibility issues when they arise
- Firm counsel treat investigation as client matter
- Firm counsel must safeguard attorney–client privilege and work product doctrine
- No discussion of investigation with aggrieved client
- Consider withdrawal from client representation (at least on particular matter)
Benefits
The panel will review these and other key questions:
- What protections are available to law firms as they conduct internal investigations?
- What are the common challenges asserted by aggrieved clients to access information gathered in the firm's internal investigation?
- What ethical issues should law firms consider when undertaking an internal investigation?
- What steps should firms take to protect the confidentiality of the information resulting from the internal investigation?
Faculty
John K. Villa,
Partner
Williams & Connolly, Washington, D.C.
He focuses his practice in legal malpractice defense and corporate and financial services-related litigation (civil and criminal). He has gained national prominence defending top law firms in trouble. The American Lawyer called him the premier legal malpractice defense lawyer in the nation and the Washington Post says "John Villa ...[is] the lawyer ...firms turn to when they're in trouble."
William M. Sullivan, Jr.,
Partner
Winston & Strawn, Washington, D.C.
He concentrates in corporate internal investigations, trial practice, and white-collar criminal defense, as well as complex civil litigation and securities enforcement and other regulatory actions. He has substantial experience representing both companies and individuals in government and corporate investigations.
Nancy J. Marshall,
Partner
Deutsch Kerrigan & Stiles, New Orleans
She heads the firm's Professional Liability Section and concentrates on defending legal malpractice claims. She represents the endorsed insurer for the Louisiana State Bar, among other insurers. She has served as a member of the ABA Standing Committee on Lawyers Professional Liability.
Ordering
Online CLE - Audio Recording
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CLE:
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Recorded Event
Includes full event recording plus handouts (available after live seminar).
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Customer Reviews
The program contained good information based on solid experience.
Edward M. Dunham, Jr.
Kleinbard Bell & Brecker LLP
The webinar was very easy to use and I liked that the speakers were very knowledgeable.
E. Moses Vejil
Bingham Greenebaum Doll LLP
I liked the practicality and thoroughness of the presentation and the handouts.
Barry Jasilli
CVS Caremark
The program provided good info apparently based on solid experience.
Edward. J. Dunham, Jr.
Kleinbard Bell & Brecker LLP
The presenter was very articulate and had an excellent command of the topic and provided very thorough handouts.
Theresa Woodruff
Mercury Marine
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