Client Confidentiality and the Difficulty Complying with Ethical Requirements in a Digital Age

Matthew Fletcher | Connor, Fletcher & Hedenkamp LLP

Mr. Fletcher practices complex business litigation in trial, arbitration, mediation, and appellate court proceedings. He handles state and federal court cases involving shareholder and partnership disputes, trust and probate litigation, fraud and breach of contract cases, real estate litigation, contractor and surety disputes, breach of fiduciary duty, elder abuse, and professional negligence. Mr. Fletcher’s clients include publicly traded companies, privately held corporations of all sizes, high-net-worth entrepreneurs and business owners, commercial and residential real-estate developers, large retail-chain stores, trusts, utility companies, and public-school districts, private schools, and universities.

Membership/Leadership Positions

Mr. Fletcher is actively involved in Orange County and State Bar associations. He has served in several leadership positions, including Chairman of the Orange County Bar Association’s Business Litigation Section. Besides his bar activities, Mr. Fletcher devotes a significant portion of his free time to pro bono clients and local volunteer organizations. Mr. Fletcher received the Attorney of the Year Award from the Public Law Center for his pro bono work. He currently serves as Co-Chair of the Men’s Committee for the annual Rich Saul Memorial Golf Classic, which benefits ChildHelp.

Mr. Fletcher has served as the Chair of the Business Litigation Section of the Orange County Bar Association. Annually since 2010, he has moderated CFH’s annual update on new cases, statutes, and rules of court, along with members of CFH. Mr. Fletcher is also an active member of the Orange County Bar Association, the OCBA Appellate Section, the Celtic Bar Association, Litigation Counsel of America, and the Association of Business Trial Lawyers.

Mr. Fletcher received his bachelor’s degree in Accounting from the University of Akron in 1996. He received his J.D. degree, magna cum laude, from the University of Akron School of Law. While in law school, Mr. Fletcher served as Assistant Editor-in-Chief of the Akron Law Review.

Mr. Fletcher is licensed to practice in the State of California, and he is admitted to the Federal District Court for the Central District of California and the Federal District Court for the Southern District of California.

Vasko Alexander | Connor, Fletcher & Hedenkamp LLP

Vasko Alexander is an attorney at Connor, Fletcher & Hedenkamp, LLP, where he practices in all aspects of litigation from inception to appeal of complex disputes. Mr. Alexander offers his experience with handling complex civil litigation, including partnership and shareholder disputes, fraud and breach of contract cases. He represents business owners, entrepreneurs, and principals in a variety of industries, including shipping, marine, construction, and automotive.

Vasko is active in the Orange County community, where he sits on the Board of Trustees and the Executive Board for the World Affairs Council of Orange County. He is a member of the Orange County Jewish Bar Association and practices Krav Maga.

Doug Hedenkamp | Connor, Fletcher & Hedenkamp LLP

Mr. Hedenkamp is a partner at Connor, Fletcher & Hedenkamp LLP, with over 19 years of litigation experience in both trial and appellate courts, including several successful appeals in high profile published cases. Since he joined the firm as an associate in 2003, Mr. Hedenkamp’s practice has focused on complex business and real estate litigation for clients including Fortune 500 companies, small businesses, public entities, and individuals.

Mr. Hedenkamp was born in San Diego, California in 1975. He received his B.A. degree in Rhetoric in 1998 from the University of California at Berkeley. In 2001, Mr. Hedenkamp received his J.D. degree, cum laude, from the Georgetown University Law Center.

Mr. Hedenkamp has served as the Chair of the Business Litigation Section of the Orange County Bar Association, and since 2011, has prepared and presented the Section’s annual update on new cases, statutes, and rules of court.

Tyler Palmer | Connor, Fletcher & Hedenkamp LLP

Tyler has diverse experience and education and experience. Tyler has worked for city, county, and state governments. He has experience with government regulations and administrative hearings. He has worked for Arizona’s state legislative budget office, as the Chief of Staff for the Arizona Registrar of Contractors, as a Deputy County Attorney, and for the Arizona Attorney General’s Office. He has written state legislation, administrative code, county ordinances, and various contracts. He has worked on cases involving juvenile delinquencies and child abuse and neglect as a trial attorney for over five years, trying over 100 bench trials.

Leadership Positions and Community Involvement

Tyler has been a board member of two non-profits; the United Cerebral Palsy Association of Central Arizona, and the Kingman Center for the Arts.

Admissions

Before becoming licensed in California in 2022, he was licensed and practicing in Arizona since 2013. Tyler is a member of the Orange County Bar Association and its Business Litigation Section, and the Association of Business Trial Lawyers of Orange County.

I. Introduction | 2:00pm – 2:10pm

• Are the rules governing a lawyer’s duty to maintain confidentiality compatible with today’s technology
• Mindless clicking of end user license agreements?
• Do you even know what you are signing?

II. Attorney client privilege – ethical duties | 2:10pm – 2:25pm

• ABA model rules
• Examples of relevant case law and states addressing technology

III. Risks you may be taking | 2:25pm – 2:40pm

• EULA’S, Privacy policies, and consent and application in the real world
• Your client’s failure to protect communications with you

IV. Can the risks be mitigated? | 2:40pm – 3:00pm

• Impossible solution
• Client disclosure
  • Engagement letter
  • Special technology waiver
  • Give client communication options?
• Third party providers for your law firm
• Know who can access your data and prevent breaches
• Technology solutions
• Final thoughts based on real world examples