For educational purposes only.© 2014 Michael Downey

Teaching Ethics to PracticingLawyers

Michael Downey

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Attorney-Client

Privilege

Attorney-Client

PrivilegeWork-Product

ProtectionWork-Product

Protection

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Internet vs. Privacy: "a helpful Venn diagram"

By David Hoffman, available at http://bit.ly/bqU5vU

The Internet

Privacy

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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

Media reports Opposing counsel

Pleadings

Adverse party

Third party

LawyerLawyer

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Attorney-Client Privilege

Client Lawyer

Regarding Legal Representation

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Joint Defense/Common Interest Privilege

Client 1 Client 2

Lawyer 1 Lawyer 2

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Work-Product Protection

A lawyer's involvement is not required

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The Accident #1

W1

Joe

W2W3

Joe's Trucking

Your Client

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The Accident #1 – Joe with Lawyer

W1

Joe

W2W3

Joe's Trucking

Your Client

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The Accident #2 – NTC with Lawyer

W1

TD

W2W3

Nationwide Trucking Co.

NTCDriver

Your Client

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The Accident #2B – NTC with Lawyer – Driver with Separate Lawyer

W1W2

W3

Nationwide Trucking Co.

NTC Driver

Your Client

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Your Client

The Accident #3 – NTC with Counsel

NTC CEO

NTC DriverNationwide

Trucking Co.

W1NTC EE

Coverage Possible

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Thank You

Michael Downey Armstrong Teasdale LLP 314-342-8072 direct Mdowney@armstrongteasdale.com

Resource . . . www.MissouriEthicsLawyer.com

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