Attorney Requirements and Responsibilities Under the New Legal Ethics Technology Competence Duty
Technology competence is no longer optional. To avoid legal sanctions, attorneys now have an additional requirement to understand all levels of technology that they interact with on a daily basis - emails, attachments, screenshots or images, text messages, data security, cloud computing, and their online presence. Be prepared to not only protect yourself, but also your clients and their use of technology. Join our faculty as they guide you through the latest in technology efficiencies, responsibilities, and competence. Register today!
- Identify the sources of technology competence requirements.
- Guard your clients' confidentiality and your reputation with impeccable email communication practices.
- Learn how the actions of non-attorney consultants and subordinate attorneys can come back to bite you.
- Ensure that you know your duties to the court: e-filing and calendaring.
- Increase your knowledge of information security and data breach preparedness.
- Gain a better understanding of ethical attorney use of social media and compliant online advertising.
- The Attorney's Duty: Sources of Technology Competence Requirements
8:45 - 9:15, Brooks R. Magratten
- Attorney Use of Emails and Other Electronic Modes
9:15 - 9:45, Brooks R. Magratten
- The Rule of Confidentiality
- Reasonable Expectation of Privacy?
- Inadvertent Disclosures
- Attachments, Screenshots, and Photos
- Smartphones, Texts, Voice to Text, Smartwatches, and Other Devices
- Making Sure Old Mobile Devices are Properly Wiped
- Responsibilities Regarding Non-Lawyer Assistance and Subordinate Attorneys
10:00 - 10:30, Brooks R. Magratten
- Responsibility for Conduct of Assisting Non-Lawyers
- Due Diligence in Hiring Non-Lawyers for Assistance
- Responsibilities of Partners, Shareholders, Managers, and Supervisory Lawyers
- Staff Training on Cyber Issues (ABA Formal Opinion 477)
- Duties to the Court and Discovery Issues
10:30 - 11:00, Michael Jack Kaczynski
- E-filing, Calendaring, Checking the Docket
- E-Discovery Lessons From Case Law: From Zubulake to Wells Fargo
- Understanding the E-Discovery Vendor You're Using and How They Operate
- Review of Documents to Ensure Requested Redactions Have Been Made
- Text Messaging, Screenshots, Photos, Smartphones, Other Devices
- Spoliation and Failure to Preserve Texts and Other Digital Communications
- Information Security and Data Breach Practices
11:00 - 11:30, Michael Jack Kaczynski
- Duty of Competence and Duty of Confidentiality
- What Constitutes "Reasonable Efforts" in Preventing Inadvertent/Unauthorized Info Disclosure
- Mishandling Client Data
- File Retention, Destruction, Security
- Cloud Computing
- Data Breach Preparedness
- The Attorney's Online Presence: Social Media, Advertising, and Communications
11:30 - 12:00, Michael Jack Kaczynski