In 2009 the Kentucky Supreme Court substantially revised the Kentucky Rules of Professional Conduct.
Articles in this index written before 2009 citing Kentucky Rules of Professional Conduct must be checked for any changes to the rule cited.

Sex, Lies, and Videotape

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Just kidding about the sex and lies, but if a client gives you a videotape, audiotape, or a “burned” cd, do you have risk management procedures in place to protect this client property and yourself from liability or the accusation of assisting in client crime or fraud? What got us thinking about this is hearing about a lawyer who was given videotape by a client purportedly containing evidence supporting his case. The lawyer kept the tape for several weeks before finding time to view it only to discover that it was blank. While this could happen to any busy lawyer, it serves as a reminder to be sure that client provided property is adequately safeguarded to avoid an accusation of tampering or negligent safekeeping. As an extra precaution be sure to view or listen to tapes and cds as soon as possible. In addition to knowing exactly what you have, you may avoid being the repository of illegally obtained recordings -- an increasing risk in this technological age.

 


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Disclaimer: The contents of this Web site are intended for general information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. It is not the intent of this Web site to establish an attorney’s standard of due care for a particular situation. Rather, it is our intent to advise our policyholders to act in a manner which may be well above the standard of due care in order to avoid claims having merit, as well as those without merit. In the event any statement on the Web site differs from a statement in an issued policy the policy will control.

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