Privileges, Confidences and their Ethical Implications in Family Law Litigation

When:  Oct 31, 2015 from 09:00 AM to 12:30 PM (ET)
Associated with  NJSBA Family Law Section
Join the panel as they use fact patterns to discuss privileges!

Privileges protect relationships, but are not absolute and should not be confused with disclosures to third parties outside of court. Family lawyers assert privileges in matrimonial litigation to protect a client’s privacy and confidences. Because parties in family law litigation often seek help from a variety of professionals about sensitive and personal matters (which they may not want brought to light in a divorce action), matrimonial attorneys must understand the evidence rules that apply to privileges.

To successfully assert a privilege, you must first convince a court that the privilege applies to your situation, that you have standing to assert it and that the information requested, is in fact, privileged. Parties seeking disclosure of privileged information will cite lack of standing, exceptions and waiver in their challenges.

Be prepared to make privilege arguments on behalf of matrimonial clients and to respond to them. This informative new seminar will provide you with the various types of privileges that exist under the New Jersey Evidence Rules, and how they typically arise in family litigation.

Learn how to craft strategic arguments advocating for the exclusion or admission of information that may be vital to your client’s case, including:
• Cleric-Penitent Privilege
• Ethical obligations as they pertain to privileges
• Attorney-Client
• Doctor-Patient
• HIPAA and Provider Confidentiality
• Therapists, Marriage Counselors, Psychologists, Social Workers and other mental health professionals
   (including proposed rule changes)
• The Best Interest of the Child v. Privilege
• Mediation and privilege
• Collaborative Law and the “cone of silence”
• Custody evaluations and privilege
• Releases
• Confidential appendices in appeals
• Waivers of Privilege
Kinsella v. Kinsella and other relevant case law and court rules
                    ...and more!



NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.9 hours of total CLE credit. Of these, 1.0 qualify as hours of credit for ethics/professionalism, and 3.9 qualify as hours of credit toward certification in matrimonial law.

 

Credits
NJ CLE: This program has been approved for 3.9 credits (50 minute hour), including 1.0 ethics/professionalism credits
PA CLE: 2.5 substantive and 0.5 ethics credits pending ($12 fee – separate check payable to NJICLE must be submitted at the end of the program)
NY CLE (t&n/t): 3.0 professional practice and 1.0 ethics credits
Matrimonial Law Certification: 3.9 general credits pending

Door Registration: $210

Location

225 US Highway 202
Basking Ridge, NJ 07920-1646