John Steele Attorney at Law SCU LECTURE 5

John Steele, Attorney at Law SCU LECTURE 5. 3: CONFIDENTIALITY

1 Social Media

The Social Media Landscape

Social media number 1 is the activity on the Web

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

Facebook added over 200 million users in less than a year.

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

60 million status updates happen on Facebook daily.

2 Email

Holmes v. Petrovich 191 CA 4 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?

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?

3 Lateral Moves

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

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

Los Angeles County Bar Association Op. 524 (May 16, 2011) Elements of screen: 1. Written internal notification 2. Prevent screened person’s access to files 3. Admonish not to discuss confidences 4. Search firm’s records for conflicts 5. Password protections 6. Periodic warnings and updating?

4 Normative Arguments

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