5 Things to Include in Your Email Policy

sending protected email between attorney and clientOne of the first communications you should send to a new client is your email policy.  Explain the dangers involved in emailing privileged information and tell them what precautions to take. Continue reading

3 Things to Know about the Crime-Fraud Exception

lawyer meeting with clients and getting confidential informationExceptions to the attorney-client privilege in California are set out in Evid C §§956–962. Of particular interest since the FBI’s raid on the office of President Trump’s personal attorney Michael Cohen has been the crime-fraud exception to the privilege. Under this exception, there’s no attorney-client privilege “if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud.” Evid C §956. Let’s break that down into three keys points to know. Continue reading

What’s Confidential Among Co-Clients?

158997762Whenever you represent multiple clients on the same subject matter, there are confidentiality issues that can come up—and trip you up. Continue reading

Confidentiality Among Co-Clients?

ThinkstockPhotos-97050627Whenever you’re representing multiple clients with respect to the same subject matter, make sure to address the issue of confidentiality right at the beginning of the attorney-client relationship—in fact, you should cover it in your fee agreement. Continue reading

What’s NOT Protected by Attorney-Client Privilege?

The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected. Do you know what’s not covered? Continue reading

Is In-House Counsel Your Attorney?

177237307Here’s the obvious: to invoke the attorney-client privilege, the communication must be made to, or in the presence of, the client’s attorney. But things become murky when you have to decide whether that attorney is actually acting as an attorney when the communication is made—an issue that comes up frequently when dealing with in-house counsel. Continue reading

When Settlement Pits Client Against Attorney

482228991Settling a case that involves potential court-awarded attorney fees raises a big issue—a conflict of interest between plaintiffs’ counsel and their clients. But it’s definitely possible for plaintiffs’ attorneys to deal with this sticky situation with their ethical duties intact. Continue reading

10 Things to Cover with Your Witness Before Trial

164142653There are some pretrial tasks you shouldn’t delegate. It’s critical that trial counsel see and hear each witness before trial begins and take the time to carefully prepare the witness to testify. Continue reading

Logging Your Privilege Claims

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Attorney-Client E-Communications

email_133940537E-mail is a wonderfully fast and efficient way for attorneys and their clients to communicate and transmit information. But with this new technology comes new risks and the necessity to educate your clients on e-mail security. Continue reading