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Advanced CLE

2021 Lawyer Ethics & Texting


Total Credits: 1.2 MCLE, 1.2 Ethics, 0.0 Kansas Credit, 0.0 Kansas Ethics

Practice Area:
Ethics
License:
Access for 1 year(s) after program date.

Dates


Description

Text messaging has become a mainstream form of communication.  Clients now routinely text their lawyers about pending matters.  They may ask about the status of a case, provide facts about a case, communicate decisions to a lawyer, or message other sensitive information.  These messages are often to a lawyer’s mobile phone that is used extensively for personal purposes, unsecured in their transmissions, and easily accessible by third parties. This new wave of lawyer-client communication raises many difficult ethical questions, including preservation of the attorney-client privilege.   This program will provide you with a guide to the major ethics issues when lawyers and their clients text message about pending matters.  

  • Confidentiality issues involving unsecured transmission of texts involving sensitive case issues 
  • How to handle mobile phones used for both personal purposes and law practice 
  • Potential loss of the attorney-client privilege when text messages are accessible by third parties  
  • Tension among the duties of competence, prudence and to communicate with clients 
  • Understanding the ethical risks and counseling clients about the risks to their case when texting 

Materials

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