Benefits
Learn the key digital era 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 dos and donts of many hot topics, including social media ethics concerns as to advertising, opposing parties, witnesses, jurors and judges the interplay between no employee privacy 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.
Agenda
Social Media Ethics ñ Do's and Dont's for . . .
ï Lawyers
ñ Advertising/Solicitation
ñ No Online Legal Advice
ñ Disclaimers
ñ Preservation/Spoliation by Client
Communicating With, and Researching Adversary Litigants, Witnesses and Jurors
ï Jurors Themselves
ñ Posts and Research
ï Judges
ñ Own Activity
ñ Connecting With (or Friending) Lawyers
Bring Your Own Device (BYOD), Company Owned Personally Enabled (COPE) and Webmail
ï Invasion as a Liability Issue
ï (Ex)-Employee's Own Attorney-Client Privilege
ï E-Discovery Rock and Hard Place
Overall Data Security in Our Cloud Era
ï Ethical Duties of Confidentiality/Competence
ï Mobility/Travel Tips
ï Various Protective Measures
ï Email Concerns
ï Cloud per Se
Reasonable Care (Due Diligence)
ï Duty of Supervision
ï Practical Data Security Tips Regarding the Cloud
ï Information Management and Litigation Prep
Electronic Discovery (E-Discovery)
ï Competence Now an Ethical Duty
ï Avoiding Waiver of Attorney-Client Privilege and Attorney Work Product Protection
ï Impacts of FRCP ESI Changes 12/1/15
Faculty
Robert D. Brownstone, Esq. with Fenwick & West LLP
Credits
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request.