June CLE: Ethics of Redacting Medical Records for Litigation

Please join the WBA for a Zoom CLE presented by Judy Kostura entitled “Ethics of Redacting Medical Records.”  Judy will discuss state and federal statues, case law, rules of evidence and disciplinary rules that require lawyers to maintain client’s confidential and privileged information, including medical records unrelated to litigation.  Lawyers routinely overshare, perhaps believing it is unethical to redact medical records, that the litigation puts all of the records at issue, or discovery is broader than admissibility and redaction only takes place at trial.  Case law is clear, however, that we owe clients a duty to scrutinize and redact records and avoid waiving their privileges and privacy rights.