The Proverbial Hot Potato: What Does the Lawyer Do When Coming into Inadvertent Possession of CSAM? 2025
CSAM obligations clarified
A discovery upload, a client’s phone, a mislabeled drive. Each could contain something no lawyer ever wants to see. Yet, when child sexual abuse material (CSAM) surfaces unexpectedly, you face an ethical emergency and possible criminal consequences. Possession itself can be a crime, but privilege and confidentiality rules limit what you can disclose.
The Proverbial Hot Potato: What Does the Lawyer Do When Coming into Inadvertent Possession of CSAM? clarifies what you must do immediately, what you must not do, and how to protect clients, staff, and your law license if you find CSAM on your screen or in your office.
CSAM obligations clarified
A discovery upload, a client’s phone, a mislabeled drive. Each could contain something no lawyer ever wants to see. Yet, when child sexual abuse material (CSAM) surfaces unexpectedly, you face an ethical emergency and possible criminal consequences. Possession itself can be a crime, but privilege and confidentiality rules limit what you can disclose.
The Proverbial Hot Potato: What Does the Lawyer Do When Coming into Inadvertent Possession of CSAM? clarifies what you must do immediately, what you must not do, and how to protect clients, staff, and your law license if you find CSAM on your screen or in your office.
You’ll learn:
- The elements of “possession,” “replication,” and “asportation/transport” of CSAM
- How inadvertent acquisition intersects with criminal exposure
- How the Rules of Professional Conduct constrain and guide your options when CSAM is discovered by you or your agent (investigator, expert, staff)
- Key safe-harbor and reporting considerations, including documenting contacts with law enforcement
- How to implement prevention and response policies
- Put protocols in place
Using real-world scenarios drawn from digital forensics and practice experience, learn how to separate myth from mandate. You’ll leave with clear, defensible protocols for every stage—prevention, discovery, and response. Additionally, you’ll receive model policy language that can be easily customized for your firm and agents.
Fulfilling your duty as counsel means being ready for even the rarest circumstances. Be prepared for a moment you hope never arrives with The Proverbial Hot Potato: What Does the Lawyer Do When Coming into Inadvertent Possession of CSAM?
Product details
- Implement firm-wide incident prevention steps to lower the chance of accidental acquisition
- Reduce criminal exposure risk by adopting clear response protocols for CSAM incidents
- Protect privilege and confidentiality while avoiding unlawful possession or replication by you or your agents
- Align outside examiners and investigators with your obligation using contract clauses and step-by-step workflows
- Preserve credibility with courts and law enforcement through careful documentation and chain-of-custody practices
- Receive sample policy and fee agreement language for high-risk practices you can adapt and use in your practice
- Family lawyers
- Guardians ad litem for adults and minors
- Criminal law practitioners
- Government lawyers
- Health lawyers
- Insurance lawyers
- Estate planning lawyers