Understand your ethical obligations when using technology to communicate and store client information.With technology dominating how we interact with one another, attorneys are increasingly reliant on the latest methods of communication in staying in touch with clients, adversaries, and the courts both in and out of the office. Additionally, the volume of client documents now being created and stored electronically has risen exponentially, affecting, among other things, litigation and document review. Today, lawyers are now under an ethical duty to understand and utilize various technologies which aid in the representation of clients. With this duty comes challenges in the execution, from what to store and where, how to access it from in and out of the office, to how to deal with inevitable missteps or errors. This content will discuss each of these challenges, beginning with the ethical rules that are at play in the use of technology, considerations and risks attendant with that use, and best practices for maintaining the information. It will also explore inadvertent disclosures and how they should be handled, as well as the ethical considerations of social media. By incorporating these lessons, and recognizing the importance of proper use and safekeeping of information, lawyers will minimize client complaints and grievances, reduce the risk of courtordered sanctions, and use the technology to best serve their clients' interest.
Ethical Rules Implicated by Technology
• Duty of Competence
• Duty of Communication
• Duty of Confidentiality
Common Risks and Solutions for Using Wireless Resources
• Wifi – Public and Private
• Mobile Devices
How to Manage Electronic Information
• Electronic Files in the Office
• "the Cloud"
• Interplay With Model Rule 1.6
• Litigation Scenarios and Clawback Provisions
• Non-Litigation Scenarios
• Panama Papers Scenario
• Border Searches
Ethics and Social Media
• Lawyer Advertising Rules
• LinkedIn® Recommendations
• Avvo and Other Online Legal Referral Services
Stuart M. Gerson with Epstein Becker & Green, P.C.
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request.