This program examines attorney-client privilege through the lens of ethical obligations and professional responsibility for counsel and clients. Participants explore how privilege applies in modern legal practice, common pitfalls that can result in waiver, policies for employers to utilize affecting privilege, and issues related to the use of AI by counsel and clients. The discussion will address real world scenarios illustrating how actions and inaction by counsel, managers, and employees can lead to unintended and, sometimes, irreversible waiver of privilege. The program will also analyze the ethical consequences of both proper and improper assertion of privilege, including risks to client interests, professional discipline exposure, and reputational harm, and will provide best practice guidance for ethically safeguarding privilege in today’s workplace.
This session is being submitted for Ethics and/or Elimination of Bias where applicable.
See the full Advantage CLE 2026 schedule here.
Continuing Legal Education (CLE) credits are pending in Arizona, California, Colorado, Florida, Kansas, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Oklahoma, Tennessee, Texas, and Utah. CLE credit application and approval processes vary per state and may not be available after certain state deadlines. Please email education@spencerfane.com if you have questions about credits.