Preserving Attorney-Client Privilege in Class Action Litigation

Strategies for Protecting Confidential Information and Avoiding Ethical Pitfalls

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Tuesday, August 5, 2008
Recorded event now available


Description

Class action litigation raises unique issues concerning the attorney–client privilege. The involvement of multiple parties creates issues that do not typically arise during the more general application of the attorney–client privilege.

While the general principles underlying the privilege apply, counsel must be aware of the unique angles, including ethical dilemmas, that arise in complex class action proceedings in order to protect the exchange of confidential information.

Listen as our panel of class action attorneys examines the application of the attorney–client privilege in class action lawsuits, ethical issues implicated, defenses to the privilege, and best practices for preserving the privilege.

Outline

  1. Application of privilege to class action litigation and relevant Model Rules
    1. Communications between plaintiffs’ attorneys and potential class members (e.g., questionnaires) before attorney–client relationship is established
    2. Communications between plaintiffs’ attorneys and class representatives
    3. Communications between class representatives and absent class members
    4. Communications between co-defendants
  2. Advice of counsel defense
  3. Common interest privileges
    1. Joint-defense privilege
    2. Common defense privilege
  4. Best practices for preserving the privilege
    1. Legal communications
    2. Witness interviews
    3. Electronic communications

Benefits

The panel will review these and other key questions:

  • Does the attorney–client privilege apply to communications between attorneys and class members that occur prior to the establishment of an attorney–client relationship?
  • Under what circumstances should the joint-defense privilege and common defense privilege be exercised?
  • What are some best practices for plaintiffs and defense counsel to preserve the attorney–client privilege?
  • What Model Rules are implicated by attorney–client communications in class action cases?

Faculty

Carrie L. Huff, Partner
Haynes Boone, Dallas

She is a commercial litigator. She also advises outside and in-house counsel regarding ethical issues such as conflicts of interest, attorney–client privilege and the unauthorized practice of law.

Janet T. Munn, Member
Epstein Becker & Green, Miami

She focuses on complex commercial litigation and has successfully defended several class action suits. She is a frequent speaker on topics dealing with the attorney–client privilege.

Steve W. Berman, Managing Partner
Hagens Berman Sobol Shapiro, Seattle

He has served as lead or co-lead plaintiffs' counsel in class actions and complex litigations throughout the country, obtaining multimillion-dollar settlements for his clients.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details >

or call 1-800-926-7926

Customer Reviews

The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.

Allyn Z. Lite

Lite DePalma Greenberg, LLC

The subject matter was covered in a very understandable way.

Constance Kotula

CarVal Investors LLC

The speakers spoke in an understandable format with lots of examples.

Bill Zornes

Cimarron Lumber

The subject matter was timely and important, and the webinar format is well suited for this topic.

Dennis Brennan

Saul Ewing LLP

I liked the substance of the program and the ease of participating.

Paul L. Hammann

First American Title Insurance Company

or call 1-800-926-7926

Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Partner

Goldman Scarlato & Karon

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Winston & Strawn

Michael McCluggage

Partner

Edwards Wildman Palmer

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

or call 1-800-926-7926

Our Guarantee

Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.