• videocam On-Demand Webinar
  • signal_cellular_alt Beginner
  • card_travel Ethics and Specialty Credits
  • schedule 60 minutes

Working Remotely and Attorney-Client Privilege: Legal Ethics

$197.00

This course is $0 with these passes:

CLE
ALL
PS
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About the Course

Introduction

This CLE course will discuss attorneys’ confidentiality obligations when the attorney works remotely or in non-traditional environments, including home offices, open-office configurations, coworking spaces, and while traveling, as there are special issues to consider to comply with confidentiality in these situations.

Description

All jurisdictions have some version of the ABA's Model Rule 1.6, which provides that a lawyer "shall not reveal information relating to the representation of a client." The duty of confidentiality is much broader than the attorney-client privilege.

An attorney must not disclose any information communicated in confidence by the client nor any information related to the representation, regardless of the source. There is no exception in the rule for "publicly available" or "generally available" information. However, some states exclude from the definition of "confidential information" information that is known to a sizeable percentage of people in the local community, trade, or field.

When attorneys and their clients work from locations outside a traditional private office often use a mix of email, messaging, and videoconferencing tools that might not be optimized for confidentiality.

Listen as the panel discusses the ways lawyers working remotely at home, in open offices, or while traveling can inadvertently disclose confidential information and ways to mitigate those risks.

Credit Information

  • This 60-minute webinar is eligible in most states for 1.0 CLE credits.

  • An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, February 25, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Duty of confidentiality (individual clients; organizational clients; over-inclusion on email and conferencing; prospective clients; continuation of the duty after the attorney-client relationship ends)


II. Confidentiality vs. attorney-client privilege vs. work product protection (authority; scope; application) 


III. What constitutes a breach of confidentiality vs. a waiver of attorney client privilege or work product protection; practical guidance.

The panel will highlight practical issues and risk-mitigation steps, including:

·        Model Rule 1.6, selected ABA Formal Opinions, and illustrative state law variations

·        Practical precautions to reduce the risk of disclosure to unintended recipients

·        How professional responsibility rules address technology and cybersecurity obligations, with some reference to selected ethics opinions and guidelines

·        Differences among confidentiality, attorney-client privilege, lawyer practices that reduce inadvertent disclosure and privilege waiver when working remotely.