Ethical Communication, Confidentiality, and Client Trust Accounts: Key Responsibilities for Attorneys

Diana C. Manning | Bressler Amery & Ross, P.C.

Diana Manning is a Management Committee Member and Principal at Bressler. Diana has over two decades of experience in complex commercial litigation at both the trial and appellate levels. Diana is a Principal in Bressler’s New Jersey office, is Chair of the firm’s Business and Commercial Litigation practice group, and spearheads the firm’s Appellate practice team. Diana has developed a successful track record of trial verdicts and settlements, especially in complex matters. She also has a reputation as a strategic, thoughtful, and fearless advocate for all of her clients.

A distinguished trial lawyer, Diana is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney. She is also an accomplished appellate lawyer who has participated in six matters before the New Jersey Supreme Court, including arguing four times. Diana is an avid presenter and author on business litigation, legal ethics, products liability, and professional liability. She is the author of the New Jersey Chapter of The Law of Lawyer’s Liability: Fifty-State Survey of Legal Malpractice, ABA/First Chair Press, which provides an overview of the laws governing attorney malpractice in each state.

To date, Diana’s distinguished career has brought her offices and honors from many professional and legal industry organizations. Diana served on the District XA Ethics Committee for 10 years and was appointed Chair by the New Jersey Supreme Court from 2017-2019. She is the current Secretary of the New Jersey State Bar Association, and is Past President of the New Jersey Women Lawyers Association, the Trial Attorneys of New Jersey, the Morris County Bar Association, and the Morris County Bar Foundation.

Benjamin J. DiLorenzo | Bressler Amery & Ross, P.C.

Benjamin DiLorenzo represents business and various licensed professionals in all aspects of litigation – from pre-suit negotiations, through trial and appeal. Representative matters have included complex contract and commercial disputes, insurance coverage, products liability, defense of consumer and environmental class actions, and with respect to the representation of professionals, the defense of malpractice claims against attorneys and other licensed professionals. He also represents attorneys and other professionals in disciplinary and licensing matters, and is a former member of the New Jersey Supreme Court’s District XA Ethics Committee responsible for the investigation of ethical grievances against attorneys.

As a Trustee of Trial Attorneys of New Jersey, Benjamin is an advocate for the interests of trial attorneys. He has made continuing legal education presentations related to trial practice, with a focus on ethical issues implicated by the prevalence and appropriate use of technology in trial practice. Benjamin enjoys providing pro bono legal services to veterans through Volunteer Lawyers For Justice’s Legal Wellness Clinic.

Kyle A. Valente | Bressler Amery & Ross, P.C.

Kyle Valente is an associate in the Firm’s Business & Commercial Litigation, Professional Liability, and Insurance groups. Kyle is involved in the representation of businesses and licensed professionals in the federal and state courts of New Jersey in a broad array of matters. As part of his professional liability practice, Kyle has experience counseling attorneys and law firms with respect to professional ethics issues, and in defending professional negligence claims. Kyle also represents clients across all industries in the areas of business torts, construction disputes, and breach of contract claims.

Kyle is a graduate of Boston College, where he received Bachelor of Arts degrees in both Political Science and Psychology. He earned his Juris Doctor degree from Rutgers Law School in 2017.

Prior to joining the firm, Kyle attended Rutgers School of Law-Newark, where he received his J.D., cum laude, with a Certificate in Corporate and Business Law. Upon graduation, he was the recipient of the Rutgers Outstanding Scholarship Achievement Award for Business and Corporate Law as well as the Eric R. Neisser Pro Bono Service Program Award for the completion of over fifty hours of law-related service through the public interest program during law school.

While at Rutgers, Kyle received the Wallace Vail Scholarship, awarded to the candidate who achieved the highest academic performance among the New Jersey law schools. He was later selected as a Paul S. Miller Scholar, providing him with a full tuition and fees merit scholarship for his legal education. Kyle also received the Marie Slocum Scholarship and Hon. Ann. P. Conti Scholarship. He was a student honors intern for the Securities and Exchange Commission in New York City, serving in the Enforcement Division. He served as a judicial extern for the Honorable Susan D. Wigenton, U.S.D.J. in the United States District Court, District of New Jersey. For two semesters, he was selected as an MSP Teaching Fellow and mentored first-year law students while providing structured assistance with first-year coursework. He was a clinical law student in the Community and Transactional Lawyering Clinic, where he helped provide legal services to New Jersey nonprofit organizations and charter schools. Kyle was also a Fellow for the Center for Corporate Law and Governance from 2016-2017.

Kyle received his undergraduate degree from Boston College with majors in political science and psychology, and graduated in an accelerated three-year program. While at Boston College, he published articles for the political science journal, Uncommon Sense. In his spare time, Kyle taught civics education to classes at Brighton High School through a nonprofit organization.

Kyle is an alumnus of the firm’s summer associate program. He is admitted to practice in New Jersey and the U.S. District Court, District of New Jersey.

I. Complying with Ethical Communication | 1:00pm – 1:30pm

• Understanding the duty of communication under Model Rule 1.4
• Managing client expectations and ensuring informed decision-making
• Ethical pitfalls in digital communication (email, text, social media, and AI tools)
• Avoiding misleading statements and unauthorized disclosures
• Best practices for responsiveness and professional conduct in client interactions

II. Confidentiality: Safeguarding client information | 1:30pm – 2:00pm

• Duty of confidentiality under Model Rule 1.6
• Exceptions to confidentiality and ethical disclosure obligations
• Protecting client information in remote work and cloud-based environments
• Managing inadvertent disclosures and attorney-client privilege risks
• Practical strategies for securing electronic and physical client records

Break | 2:00pm – 2:10pm

III. Client Trust Accounts: Ethical management and compliance | 2:10pm – 2:40pm

• Model Rule 1.15 and fiduciary duties in handling client funds
• Proper recordkeeping, accounting, and reconciliation best practices
• Commingling, mismanagement, and common disciplinary violations
• Handling unclaimed funds and compliance with IOLTA requirements