The Ethics of Confidentiality Agreements
60-Minute Continuing Legal Education Ethics Webinar
December 14th, 2012
Featuring:
Patrick Malone
Secrecy agreements at the end of a civil lawsuit are commonplace. But as leading attorney Patrick Malone explains, they are usually unethical, almost always bad for the plaintiff, and bad for the plaintiff attorney’s practice. The Rules of Professional Conduct give plaintiffs’ lawyers the weapons to fight back against defendants who insist on overbroad confidentiality agreements.
This ethics CLE discusses:
- Why defendants demand secrecy and why plaintiffs usually cave
- The hidden downside of secrecy for individual plaintiffs, their lawyers, and the justice system
- The applicable Rules of Professional Conduct: 3.4(f) and 5.6(b)
- Examples of secrecy agreements that violate the ethics rules, and how they can be redrafted
- Practice tips for avoiding the pressure of last-minute secrecy