Learn the key digitalera ethical obligations and many practical compliance steps every attorney must know.In our datadriven and threatfilled world, companies and thus their counsel bear increased responsibilities to protect sensitive information and not to overstep access boundaries. With law firms a prime target of hackers, now more than ever attorneys must be more vigilant than ever. States' bars and bar associations as well as the judiciary keep sprinting to issue opinions to keep up with rapidly changing technologies. This topic will drill down on some of the key modern ethical obligations placed on lawyers both daytoday and in litigation. Learn the do's and don'ts of many 'hot topics,' including social media ethics concerns as to opposing parties, witnesses, jurors and judges the interplay between noemployeeprivacy BYOD policies and individual workers' potential attorneyclient privilege rights reasonable care obligations as to outsourced data storage and email transmissions and increased eDiscovery competency expectations.
Social-Media Ethics – Do's and Don'ts for . . .
– Preservation/Spoliation by Client
– Communicating With, and Researching Adversary Litigants, Witnesses and Jurors
• Jurors Themselves
– Posts and Research
– Own Activity
– Aggressiveness Re: Stored Communications Act (SCA) End-Runs as to Litigants, etc.
Bring-Your-Own-Device (BYOD), Company-Owned-Personally-Enabled (COPE) and Webmail
• Invasion as a Liability Issue
• (Ex-)Employee's Own Attorney-Client Privilege
• eDiscovery Rock and Hard-Place
• Lawyer's Use of Own Device, Webmail (and Wi-Fi)
Overall Data-Security in Our "Cloud" Era
• Cloud per Se
– Reasonable Care
– Acquiring Expertise or Retaining Apt Consultant(s)
– Redux as to Practical Ramifications of Ethics Opinions
• Encryption of Data in Transit, Including via Email
Electronic Discovery (eDiscovery)
• Competence Now an Ethical Duty
• Avoiding Waiver of Attorney-Client Privilege and Attorney Work-Product Protection
Robert D. Brownstone, Esq. with Fenwick & West LLP
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request.