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 under an ethical duty to understand and utilize various technologies that 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 court-ordered sanctions, and use the technology to best serve their clients’ interests.
Agenda
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
- VPN
- Mobile Devices
- Malware
How to Manage Electronic Information
- Electronic Files in the Office
- The Cloud
- Metadata
- Legal Ethics Implications of Artificial Intelligence
Inadvertent Disclosure
- 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
Speakers
Christopher M. Farella,
Epstein Becker & Green, P.C.- Partner and General Counsel in the Newark, NJ office of Epstein Becker & Green, P.C.
- Served as Epstein Becker & Green, P.C.’s Assistant General Counsel with duties encompassing advice on ethical matters, resolution of conflicts of interest, and advising senior management on a wide range of issues
- Practice focuses on state and federal litigation in the employment, business, and white-collar criminal practice areas, with particular expertise on guidance and creative strategies regarding best practices for the preservation and collection of electronically stored information (“ESI”)
- Prior to joining Epstein Becker Green, was an Assistant General Counsel at the North American headquarters of a global pharmaceutical company
- Served as Chairperson for New Jersey Supreme Court District Ethics Committee
- J.D. degree, Seton Hall University School of Law; B.A. degree in history and B.A. degree in political science, Rutgers University
Stuart M. Gerson,
Epstein Becker & Green, P.C.- Member of Epstein Becker & Green, P.C.'s litigation and health care & life sciences practices
- Extensive experience litigating cases involving the cybersecurity of health care information, trade secrets, and other confidential data as well as civil and criminal fraud issues particularly under the federal False Claims Act
- Was appointed acting attorney general of the United States during the early Clinton administration, after having served as President G.H.W. Bush's appointee as assistant attorney general for the civil division of the Department of Justice (DOJ)
- Active in digital data security, compliance, breach enforcement, and litigation defense
- Received the highest rating with Martindale-Hubbell Law Directory for the past 30 years
- J.D. degree, Georgetown University Law Center; B.A. degree, Pennsylvania State University
- Can be contacted at 202-861-4180 or sgerson@ebglaw.com
Who Should Attend
This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.
