Attorneys and Privacy: Obligations Under Professional Responsibility and Model Rules of Professional Conduct

$179.00

Join Daniel Cotter as he provides an overview of the relevant rules of professional conduct and the changes that have recently been implemented to address the intersection of technology and effective representation. He will apply the rules to areas including use of the cloud, encryption of emails, use of public Wi-Fi, and other applications. The session will leave the participants with a better understanding of the importance of understanding the technologies lawyers are utilizing and taking preventive measures to minimize their exposures to ransomware attacks and hacking.

The Model Rules of Professional Conduct changed in the last few years to take a more proactive approach to privacy obligations for lawyers, especially when it comes to the use of technology and client representation. All states have adopted changes to Rule 1.1 and more than half the jurisdictions have adopted Comment 8 to Rule 1.1, which addresses an ethical duty of technology competence. Rule 1.6(e) also changed and comments in many jurisdictions were added to address confidentiality concerns. Recently, the American Bar Association issued Opinion 477, dealing with Rules 1.1 and 1.6(e) and confidentiality of email communications with clients. It later issued Opinion 483, dealing with keeping clients informed. In addition to the ABA and other rule changes for lawyers, organizations such as the Association of Corporate Counsel have issued guidelines for clients to consider when dealing with law firms.

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Event Details

Webinar Date

Webinar Time

Course Type

Course Instructor

Daniel Cotter, Esq.

Original Date Of Course

Ethics Credits

2

Course Description

Join Daniel Cotter as he provides an overview of the relevant rules of professional conduct and the changes that have recently been implemented to address the intersection of technology and effective representation. He will apply the rules to areas including use of the cloud, encryption of emails, use of public Wi-Fi, and other applications. The session will leave the participants with a better understanding of the importance of understanding the technologies lawyers are utilizing and taking preventive measures to minimize their exposures to ransomware attacks and hacking.

The Model Rules of Professional Conduct changed in the last few years to take a more proactive approach to privacy obligations for lawyers, especially when it comes to the use of technology and client representation. All states have adopted changes to Rule 1.1 and more than half the jurisdictions have adopted Comment 8 to Rule 1.1, which addresses an ethical duty of technology competence. Rule 1.6(e) also changed and comments in many jurisdictions were added to address confidentiality concerns. Recently, the American Bar Association issued Opinion 477, dealing with Rules 1.1 and 1.6(e) and confidentiality of email communications with clients. It later issued Opinion 483, dealing with keeping clients informed. In addition to the ABA and other rule changes for lawyers, organizations such as the Association of Corporate Counsel have issued guidelines for clients to consider when dealing with law firms.

Syllabus

  1. The myriad technology and privacy challenges facing the lawyer
  2. What lawyers should know about the recent American Bar Association Opinion 477 regarding confidentiality of emails
  3. What lawyers should know about the recent American Bar Association Opinion 483 regarding notifying clients of breach
  4. Basics of the Rules of Professional Conduct and what each lawyer must understand
  5. Other privacy procedures coming from clients, including the recently issued Principles from the Association of Corporate Counsel
  6. Application of the Rules of Professional Conduct to some specific technologies
  7. What steps lawyers can take to help prevent being victims of hacks

Instructor

Daniel Cotter, Esq.

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