Litigation Skills Series – Practical protections for remote clients: Coercion, Confidentiality and Capacity

Friday, September 25, 2020 | 9:00 AM to 12:00 PM | View the training:

Via LIVE WEBINAR: Join the Live webinar and interact with the speaker and audience in real time.
Via RECORDED WEBCAST: View online anytime. You will be emailed the training link once the recording is ready to view (sometime in late September).

Topic: Practical protections for remote clients: Coercion, Confidentiality and Capacity
Speakers: Professor Robert Rubinson, University of Baltimore School of Law; Jade McClary, Pro Bono Resource Center of Maryland

This training will explore nuances of fulfilling a lawyer’s ethical duties when that lawyer is communicating by telephone or video conference. We will discuss risks that may arise, and practical ideas to mitigate those risks. Topics will include:

• Attorney/Client privilege (including risks when you don’t know who is in the room with the client, and ways to mitigate those risks)
• Rule 19–301.6. Confidentiality of Information (1.6) (including risks when you don’t know who is in the room with the client, and ways to mitigate those risks)
• Rule 19–301.14. Client with Diminished Capacity (1.14) (including risks when you are not present in the same place as your client – and possibly cannot even see their face – and ways to mitigate those risks)
• Guarding the client against the coercion or undue influence of others. (including risks when you don’t know who is in close proximity to the client, and ways to mitigate those risks)
• Third-party and spousal waivers, and whether and how to implement them.

The training consists of 50 minutes of instruction, 50 minutes of scenarios, and 50 minutes of open Q/A.

This training is open to attorneys who have already accepted a pro bono commitment through a PBRC training (even if you have not yet fulfilled the commitment) within the past 12 months OR who commit to answer at least three legal questions for low-income Marylanders, using the https://Maryland.FreeLegalAnswers.org website. (Instructions will be provided.)

Questions? Contact Kiah Pierre, Training & Records Manager, at kpierre@probonomd.org or 443-703-3046.