Attorney-Client Privilege and Confidentiality Basics: What Every Attorney Should Know

Agenda / Content Covered

1. Attorney-Client Privilege vs. Work Product vs. Confidentiality
   2:00 - 3:30, Peter L. Ostermiller
   1. Rules, Terms, and Definitions
   2. Attorney's Duty of Confidentiality
   3. Attorney Work-Product Doctrine
   4. Privilege Rules
2. The Extent and Boundaries of the Attorney-Client Relationship
   3:45 - 5:15, Peter L. Ostermiller
   1. Who Is the Client? Individuals, Businesses, Associations, etc.
   2. Confidential Communication
      1. Presumption of Confidentiality Between Attorney and Client
      2. Dual Purpose Communications
      3. Communications With Third Parties
      4. Non-Confidential Information
   3. During the Attorney-Client Relationship
   4. What Constitutes "Information Given for the Purpose of Obtaining Legal Representation"
   5. Notable Exceptions to Attorney-Client Privilege

Accreditation Details:

Peter L. Ostermiller is a sole practitioner concentrating in legal ethics and professional responsibility matters. Mr. Ostermiller represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. He has also represented parties in attorney’s fee dispute proceedings, attorneys in legal proceedings in which sanctions have been sought against the attorney, represented parties in attorney disqualification proceedings, and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. He is a member of the Kentucky Bar Association, Louisville Bar Association and the Association of Professional Responsibility Lawyers. Mr. Ostermiller served on the Kentucky Bar Association's Ethics 2000 Committee which proposed changes to the Rules of Professional Conduct to the KBA, which resulted in the July 2009 revisions to the Ethics Rules. He graduated with his B.A. and J.D. degrees from the University of Louisville.