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Legal Ethics: Confidentiality & Candor

Mastering the Delicate Balance of Confidentiality and Candor in Legal Practice

Created bySteven Kelly
BeginnerUpdated Aug 22, 2023

What You'll Learn

  • check_circleCompare and contrast the approaches of New York and California in addressing false evidence.
  • check_circleUnderstand the definition of tribunals and the implications for candor obligations.
  • check_circleStay current with changing ethics rules through proactive monitoring and engagement with relevant authorities.
  • check_circleBalance client trust and ethical responsibilities while considering evolving rules and regulations.
  • check_circleEstablish client understanding and memorialize discussions on confidentiality and ethical responsibilities.
  • check_circleNavigate the complexities of confidentiality and candor by applying key lessons and understanding jurisdiction-specific variations.

About This Course

This course provides attorneys with a comprehensive understanding of the significance of confidentiality and professionalism in the legal profession. Participants will explore the American Bar Association’s Model Rules of Professional Conduct and learn how to balance the ethical obligations of confidentiality and candor when representing clients.

The course examines the challenges attorneys face when handling false evidence and the jurisdictional variances in addressing this complex issue. Attorneys will gain valuable insights into ethical considerations surrounding the disclosure of false evidence, how these responsibilities differ across states, and the impact on the attorney-client relationship.

In addition, the course equips legal practitioners with strategies to stay current with evolving ethics rules and to establish effective communication with clients about confidentiality and professional responsibilities.

Key Topics Discussed:

  • Importance of confidentiality in the attorney-client relationship
  • Balancing the obligations of confidentiality and candor
  • Dealing with false evidence and related ethical challenges
  • Navigating jurisdictional variances in responding to false evidence
  • Contrasting the approaches of New York and California
  • The materiality of evidence and its significance in ethical decisions
  • Understanding tribunals and multijurisdictional legal practice
  • Staying current with changes in ethics rules
  • Adapting to evolving rules and implementing compliance strategies
  • Establishing client understanding and documentation practices
  • Balancing client trust with ethical obligations
  • Key lessons for navigating the complexities of confidentiality and candor

Course Content

1 activity • 1 videos • duration: 58m

remove
Section 11 videos • 58 min
  • videocamLegal Ethics: Confidentiality & Candor
    Duration 58:38

Your Instructors

Steven Kelly

Senior Counsel at ZFF | Lecturer on Municipal Labor Policy

menu_book4 courses
star462 reviews

Nonprofit attorney with administrative, operational, and budget expertise. Former criminal and civil prosecutor. Lecturer and public speaker on municipal labor policy, including government theory and actions on how best to protect vulnerable workers. Represented the Commonwealth of Massachusetts in criminal cases before the Quincy District Court, Woburn District Court, and Massachusetts Appeals Court. Represented the New York City Department of Consumer and Worker Protection in civil cases before the New York State Supreme Court and the Office of Administrative Trials and Hearings. Testified before the New York City Council while serving as Associate Commissioner of NYC's Office of Labor Policy and Standards, including on proposed legislation to protect survivors of domestic violence, sexual assault, stalking, and human trafficking. Admitted to practice law in New York, Massachusetts, and California.

Carl Braun

PODCAST HOST | LEARNFORMULA

Business Solutions Manager from October 2019 to present Area Manager - Workforce Solutions Rural Capital Area from May 2019 to October 2019. Responsible for directing the efforts of an 8 person Business Consulting Team for the nine-county Rural Capital Area (the 9 counties that surround Austin (Travis). Deliver business services to more than 10,000 employers annually including access to grants, pandemic funding, training, recruitment and retention strategies and more. Work closely with other Workforce Boards, Texas Veterans Commission and Texas Vocational Rehabilitation Services. Established the Rural Capital Neurodiversity Project with VR partners. As a USAF veteran I closely support TVC intiatives and have two TVC Business Reps working with my team to serve our veterans and their families. Directing the efforts of the WSRCA Hiring Red, White and You Career Event both online and in Round Rock and San Marcos. After 10 years of growing Cross-Post LLC from zero to more than 250 clients we sold the company to Recruitology (Aftercollege Inc), Previously as CEO and co-founder of Cross-Post LLC, I was responsible for assisting 250+ newspaper clients like The Washington Post, The Seattle Times and the Milwaukee Journal Sentinel in offering recruitment products that grow revenue while helping their employer/advertisers fill distinct needs. These are unique upsell or add-on products that employers want and need. In all we had fifteen niche recruitment networks from Trucking to Healthcare, partnering with the leading job boards in the space. Recruitology continue's serving our former clients. Developed some of the first internet job boards in 1996 focusing on recruiting women, minorities and veterans. Sold that company to DiversityInc Magazine in 2001 and remained as their President of the Careers Division until 2003 growing it to more than 4,000 clients. Formerly, SVP of Strategic Recruitment for The Inclusiv Group, a retained executive search firm. 30 year history in recruiting and business development working for companies like Emerson Electric, The St. Paul Travelers and Borden.

Credit Information

Professional development requirements vary by profession, country, and regulatory body. Before enrolling, review the course details and confirm that the content, learning format, and any listed credits meet your specific requirements. You are responsible for confirming eligibility with your regulator or professional association and keeping the records required for reporting.

What Students Are Saying

4.5 out of 5
Student's Choice
212 reviews
  • KD
    Kenneth D.
    starstarstarstarstar

    As stated several times throughout the presentation, a practicing attorney needs to be reminded that the boundaries in which client confidential operates in practice change over time and need to be revisited. This is particular true if one practices in different contexts or jurisdictions in which variances can and do exist.

  • DM
    Damian M.
    starstarstarstarstar

    Good refresher; I really appreciated the California-specific discussions / analyses.

  • EB
    Elizabeth B.
    starstarstarstarstar

    The programs are informative without being simplistic. I actually learn!

  • GL
    Gilberto L.
    starstarstarstarstar

    Helpful to remember this information and that it is fluid.

Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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