Ethics CLE June 7  2017 – Ethical Guidelines for Client Files

Join me for a CLE on June 7, 2017 about OSB Formal Ethics Opinions 2016-191 – Client Property: Electronic-Only or “Paperless” Client Documents and 2017-192 – Client Property: Duplication Charges for Client Files, Production or Withholding of Client Files. Learn:

What are lawyers required to produce and when?

  • In some cases, lawyer notes and communications must be produced, in other instances they can be withheld: do you know the difference?
  • If you store data in proprietary law office software (e.g. in a docketing or practice management program), must you extract and convert the data for the client?
  • What circumstance might provoke disclosure of “confidential” information belonging to another client?
  • Can you refuse to deliver file material on the grounds that it is too burdensome or expensive to produce?
  • Is it possible to deliver less than the “entire client file” if the client consents?
  • Are you required to produce work product? Conflict information? Time and expense records? Reports about the client’s creditworthiness? Expert witness information? Metadata? Text messages?

Standards governing retention and storage of client files – Is it ethical to store client files electronically? Do any exceptions apply? What duties does a lawyer have when using electronic-only storage?

When to charge for locating, segregating, or duplicating file material – When you can (and can’t) pass costs on to the client, whether client originals can ever be destroyed, and your ethical responsibilities to the “impecunious client.”

Appreciate the difference between ethical duties and discoverability – The interplay of the Oregon Rules of Professional Conduct vs. state and federal rules of civil procedure.

Throughout the program “best practice” tips will be shared.

Date/Time/Location

Wednesday, June 7, 2017 from 10:00 a.m. to 11:30 a.m. Pacific Time.  This is a live, online webinar. Watch from your desktop computer or mobile device. Connect to audio via telephone or computer/device speakers.

Who Should Attend?

Lawyers, office managers or administrators, staff – anyone interested in learning more about Oregon’s new formal ethics opinions, 2016-191 and 2017-192.

Does the Program Include Written Materials?

Yes.  Written materials will be distributed electronically to all registered attendees before the event.

Ask Questions/Participate in Live Polling

Questions are welcome during the live event.  Attendees are also encouraged to participate in live, anonymous polling.

Registration Fee

$25 – Visit the Upcoming CLE page or click here, or choose the Register button below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

Eventbrite - Ethical Guidelines for Client Files

MCLE Credits
1.5 Ethics MCLE Credits pending.

Can’t Attend?

Video and audio recordings of Ethical Guidelines for Client Files will be available to download along with the program materials following the June 7 CLE. Price: $25. Contact me or visit my online CLE store after June 7.

All Rights Reserved [2017] Beverly Michaelis

Acrobat XI: Tips and Features

Still learning the ins and outs of Acrobat XI?  Here is yet another nifty post from Rick Borstein, author of the Acrolaw blog, explaining how you can change redaction properties in bulk via the Comments panel.  (If you have ever mistakenly marked text for redaction, then noticed that the fill color was not what you wanted you will appreciate this tip.)  In the same post, Rick teaches users how to unlock the Comments list so it can float as a separate window anywhere on your screen.

My favorite new feature of Acrobat XI is the improved Word converter.  Whether you are copying and pasting part of a PDF into Word or exporting the entire PDF to a Word document, the formatting comes across intact.  A video demo is available hereAcrobat XI also supports conversion to Excel and PowerPoint.

Text editing is far more flexible too.  Want to insert text?  Just position your cursor and go.  Deleting is easy too.  In either case, the text reflows automatically.  This is a feature you probably won’t appreciate unless you have attempted to edit PDFs in the past.  With older versions of Acrobat, text editing was extremely limited.  Text did not reflow and content could only be manipulated on a word-by-word or line-by-line basis.  The results were often far from stellar.

While terrific, these new features could also result in unintended consequences.   If you don’t want the recipient of your document to edit the text or convert it from PDF to Word, change the document properties:  File > Properties… Security Tab.  In the Security Method drop-down, select Password Security.  Under Permissions, check the box “Restrict editing and printing of the document.  A password will be required in order to change these permission settings.”  Under Changes Allowed, select None.  Specify a password and choose OK.  Caution: Adobe expressly warns that third-party products may be able to defeat Acrobat security settings.

Happy PDFing!