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Avoiding Waiver of the Attorney-Client and Work Product Privileges

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Don't risk waiving privileges. Get the information you need to protect the attorney-client and work product privileges.

There is much confusion surrounding the attorney-client and work product privileges. In-house legal personnel who provide both legal advice and participate in business decisions struggle to understand what is and what is not protected. In addition, the risks of waiver are increasing, as adversaries, enforcement agencies and regulators stand ready to take advantage of missteps. At the same time, pressures on companies are mounting to share privileged material with the government, outside auditors and others in oversight functions. This on-demand webinar will help business and legal personnel understand the best practices for establishing the privileges and avoiding waiver in a range of situations. This on-demand webinar is critical for all those who participate in privileged communications or who come in contact with confidential work product, and anyone who needs to understand both the established rules and the latest trends regarding privilege.

Attorney-Client Privilege

  • Definition and Elements
  • History/Importance/Purpose
  • Waiver (and Who Owns the Privilege/Who Can Waive It)
  • Corporate Family and Organizational Issues

Work Product Privilege

  • Definition and Elements
  • Distinguished From Attorney-Client Privilege
  • History/Importance/Purpose
  • Waiver (and Who Owns the Privilege/Who Can Waive It)
  • Working With Consulting and Testifying Experts

Other Specific Issues

  • Affirmative Use (Sword vs. Shield Dilemma)
  • Subject Matter Waiver of Privileges

Exceptions to Waiver of Privileges

  • Common Interest Exception
  • Kovel Doctrine
  • Selective Waiver

Issues Specific to In-House Counsel

  • History
  • Legal vs. Business Advice
  • Situations and Suggestions Unique to In-House Counsel

This course was last revised on June 24, 2014.

Call 1-866-352-9540 for further credit information.

Applications have not yet been submitted for Delaware, Kentucky, Ohio, South Carolina and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at ondemandinfo@lorman.com or call us at 866-352-9540.
  • AK CLE 1.5 including Ethics 1.5  
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 1.5 
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.5 hours of ethics credit.
     
  • AZ CLE 1.5 including Ethics 1.5 
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.
     
  • CA CLE 1.5 including Ethics 1.5 
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
     
  • CO CLE 2.0 including Ethics 2 
     
  • This program may qualify for 2.0 credit hours including 2.0 hours of ethics credit through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • FL CLE 2.0 including Ethics 2 
     
  • This course has been approved by The Florida Bar for 2.0 hours of CLE credit, including 2.00 hours of ethics credit. Course classification: Intermediate level.
     
  • GA CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 1.5 ethics hours.
     
  • HI CLE 1.5 including Ethics 1.5 
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 VCLE credit hours and 1.50 MCPE credit hours.
     
  • ID CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the Idaho State Bar for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • IL CLE 1.5 including Professional Responsibility 1.5 
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board. Of that total, 1.50 credits were approved as Professional Responsibility credits by the Illinois Commission on Professionalism.
     
  • ME CLE 1.5 including Ethics 1.5 
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit including 1.50 ethics hours under M. Bar R. 12.
     
  • MT CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 1.50 hours of ethics credit.
     
  • NC CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours.
     
  • ND CLE 1.5 including Ethics 1.5 
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • NH CLE 1.5 including Ethics 1.5 
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for 1.5 CLE credit(s) including 1.50 ethics hour(s).
     
  • NJ CLE 1.8 including Ethics 1.8 
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics/professionalism credit.
     
  • NV CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5 
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for established attorneys for up to a maximum of 1.5 credit hours, of which 1.50 credit hours may be applied toward the Ethics and Professionalism requirement. Each hour may be counted only as satisfying one category of credit; duplicate credit for the same hour of instruction is not permitted. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OK CLE 2.0 including Ethics 2 
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 2.00 hours are credits covering legal ethics.
     
  • OR CLE 1.5 
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • PA CLE 1.5 including Ethics 1.5 
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 1.50 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • TN CLE 1.5 including Dual 1.5 
     
  • This program has been approved by the Tennessee Commission on Continuing Legal Education and Specialization for a maximum of 1.5 hours of credit, including 1.50 hours of dual credit.
     
  • TX CLE 1.5 including Ethics 1.5 
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 1.50 credit hours will apply to legal ethics/professional responsibility credit. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 1.50 hours will apply to legal ethics/professional responsibility credit.
     
  • UT CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • VA CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours, including 1.50 hours of ethics credit.
     
  • VT CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit, including 1.50 hours of ethics.
     
  • WA CLE 1.5 including Ethics 1.5 
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics credit.
     
  • WV CLE 1.8 including Ethics 1.8 
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.
     
  • NALA 1.5 including Ethics 1.5 
     
  • This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, for continuing legal assistant education credit required to maintain the CLA (Certified Legal Assistant) credential for 1.5 hours, including 1.5 hours of ethics credit.
     

The CLE Code is ONLY a requirement when applying for CLE Credit in New York or New Jersey or Kansas. Other states do not need to supply the CLE Code to apply for CLE credit.To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill the following requirements:

  • Those applying for CLE must view 100% of the program and hit all progress checks throughout the program.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

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