ETHICS: Preserving Attorney-Client Privilege During Disability Claim Handling (.5 Ethics Credit)
John E. Meagher
Partner
Shutts & Bowen LLP
Nicole Y. Blohm
Meserve, Mumper & Hughes LLP
- Assessing whether privilege exists when attorneys act as claims managers rather than giving legal advice
- Ethical considerations when communicating with clients and protecting confidential information
- Knowing the exceptions to privilege when bad faith claims are involved or there are communications with overseas attorneys
- Avoiding waiver through over-dissemination or implicit reliance on advice of counsel
- Special ethics rules applicable to in-house legal departments which relate to maintaining privilege and confidentiality
- Resolving conflict of laws questions to determine governing privilege law
- Privilege issues when parent-subsidiary communications are involved
- Update on the fiduciary exception in ERISA cases and limits to that exception to privilege