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SCU Lecture 5.3: Confidentiality

John Steele, Attorney at Law. SCU Lecture 5.3: Confidentiality. 1 Social Media. The Social Media Landscape. Social media is the number 1 activity on the Web. Years to reach 50 million users: Radio 38 years TV 13 years Internet 4 years iPOD 3 years.

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SCU Lecture 5.3: Confidentiality

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  1. John Steele, Attorney at Law SCU Lecture 5.3: Confidentiality

  2. 1 Social Media

  3. The Social Media Landscape

  4. Social media is the number 1activity on the Web

  5. Years to reach 50 million users: Radio 38 years TV 13 years Internet 4 yearsiPOD 3 years

  6. Facebook added over 200 million usersin less than a year.

  7. Facebook has topped Google for weekly traffic in the U.S.

  8. 60 million status updates happen on Facebook daily.

  9. 2 Email

  10. Holmes v. Petrovich191 CA4 1047 Employee sent email to her attorney on the email system of the employee’s company. Was privilege lost? If so, what duties do lawyers have to help client avoid this problem?

  11. ABA Formal Op. 11-459 • Duty to warn clients about electronic communications • Must warn when there is a significant risk of the loss of privilege or of disclosure. • How would you warn a natural person client who hadn’t previously worked with lawyers?

  12. 3 Lateral Moves

  13. Los Angeles County Bar Assoc. Op. 524 (2011)

  14. Los Angeles County Bar Association Op. 524 (May 16, 2011) Duty when hiring non-lawyer employees who may possess confidences Duty to conduct reasonable inquiry Obligations and elements of screen

  15. Los Angeles County Bar Association Op. 524 (May 16, 2011) • Elements of screen: • Written internal notification • Prevent screened person’s access to files • Admonish not to discuss confidences • Search firm’s records for conflicts • Password protections • Periodic warnings and updating?

  16. 4 Normative Arguments

  17. Normative Arguments about Confidentiality Arguments for more exceptions and looser duties Arguments for fewer exceptions and stronger duties.

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