This document discusses the importance of maintaining client confidentiality as a legal staff member. It outlines several ways to ensure confidentiality, such as removing files once work is completed, positioning computer screens so they cannot be seen, and not discussing cases with friends. It notes that breaches of confidentiality could result in embarrassment, damage to the client's business or reputation, lawsuits against the lawyer, or disciplinary action. The document provides best practices for maintaining confidentiality in communications, storage and disposal of client information.

1. Confidentiality:
A Responsibility of Legal Staff

2. Which of the Following
Helps Maintain Confidentiality

3. A:
Making sure your friends
promise to keep a secret
before telling them about
a case.

4. B:
Positioning your computer
screen so it cannot be seen by
clients.

5. C:
Assuring an impatient client who has
been waiting in the reception area
that his attorney will have his divorce
papers ready when he goes in.

6. D:
Removing files from your desk once
work is completed.

7. Why is Confidentiality
So Important?

8. Consider the Consequences…
• Embarrassment
• Damage to the client’s business
• Damage to the client’s personal life
• Damage to the lawyer’s reputation
• Loss of trust
• Loss of future business

9. Who Pays the Price?
1. Lawyer or firm may be sued
2. Lawyer may be disciplined
3. Negligent employee may be fired
… it could be you

10. Follow the
“No Exceptions” Rule

11. He Said What!

12. Do You Take Work Home?

13. Talk on a Cell Phone?

14. Work Remotely?
+ Unencrypted
+ No firewalls
+ Unsecured WiFi
= Breach of Confidentiality

15. What Ifs?
1. The Client’s Uncle Cletus
2. Special Agent Jones
3. Lawyer Smith
4. Aunt Sophie

16. Clean Reception Area
• Papers waiting to be
signed
• Mail
• Faxes
• Unsecured files?

17. Clean Computer Screen
It is alleged Jones
was caught
sleeping with..

18. Clean Desk or Conference Room

19. Isn’t Sharing a Good Thing?

20. E-Mail & Fax
1. Verify
2. Test fax or e-mail greeting
3. Slow down!
4. Engagement letter?
5. Understand auto-complete
6. Resist “Reply to All”

21. Metadata

22. Always Inspect
Copy Document First
Office Button
Prepare
Inspect Document

23. Invoke Warnings

24. Best Practices
Individual Documents in Acrobat
Document > Examine Document…
All Documents In Acrobat
Edit > Preferences > Document > Examine Document
 When closing document
 When sending document by e-mail

25. Use Acrobat to Redact

26. Destruction
• Shred paper
• Wipe hard drives
www.dban.com
• Properly dispose of electronics
http://www.abanet.org/tech/ltrc/fyidocs/

27. Confidentiality Agreements
Permanent Staff
Temporary Staff
Outside Vendors

28. Remember the Consequences…
• Embarrassment
• Damage to the client’s business
• Damage to the client’s personal life
• Damage to the lawyer’s reputation
• Loss of trust
• Loss of future business

29. … And Always Practice

30. www.osbar.org
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