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.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 30, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5 including Ethics 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.4 including Ethics 1.4
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.4 hours' credit, including 1.4 hours of ethics credit.
- AR CLE 1.5 including Ethics 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.50 hours of ethics credit.
- Arizona CLE 1.5 including Ethics 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.
- CA MCLE 1.5 including Ethics 1.5; Technology in the Practice of Law 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes Technology in the Practice of Law for 1.50 hours.
- CT CLE 1.0 including Ethics 1
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s) including 1.00 hour(s) of ethics credit.
- FL CLE 1.5 including Technology 1.5; Ethics 1.5
- This course has been approved by The Florida Bar for 1.5 hour(s) of CLE credit, including 1.50 hour(s) of ethics credit and 1.50 hour(s) of Technology credit. Course classification: Intermediate level.
- GA CLE 1.0 including Ethics 1
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours, including 1.0 ethics hour.
- HI CLE 1.25 including Ethics 1.25
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours including 1.25 ethics credit hours.
- IL CLE 1.25 including Legal Ethics 1.25
- This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
Of that total, credit was approved as Professional Responsibility credit by the Illinois Commission on Professionalism.
- MN CLE 1.25 including Ethics 1.25
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.25 hours of credit, including 1.25 hours of ethics credit.
- MO CLE 1.7
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.5 including Ethics 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
- NH MCLE 1.4 including Ethics 1.4
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 83 minutes of ethics credit.
- NM CLE 1.3 including Ethics 1.3
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.3 hours of credit, including 1.3 hours of ethics credit.
- NV CLE 1.0 including Ethics 1
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours, including 1.00 hours of ethics credit.
- NY CLE 1.5 including Ethics and Professionalism 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.5 including Ethics 1.5
- Approved for 1.5 CLE credits in Oregon, including 1.50 hour of ethics credit.
- PA CLE 1.0 including Ethics 1
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours including 1.00 hours of ethics, professionalism or substance abuse CLE credit.
- RI CLE 1.5 including Ethics 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
- UT CLE 1.0 including Ethics 1
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.0 CLE hours, including 1.00 hours of ethics credit.
- VA CLE 1.5 including Ethics 1.5
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours, including 1.50 hours of ethics credit.
- VT CLE 1.25 including Ethics 1.25
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.25 hour(s) of CLE credit including 1.25 hour(s) of ethics credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.25 including Ethics 1.25
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit, including 1.25 hours of ethics credit.
- WV MCLE 1.8 including Ethics 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.
- NALA 1.38 including Ethics 1.38
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.38 hour(s) including 1.38 hour(s) of ethics credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- AK CLE 1.5 including Ethics 1.5
- Arizona CLE 1.5 including Ethics 1.5
- CA MCLE 1.5 including Ethics 1.5
- CT CLE 1.5 including Ethics 1.5
- HI CLE 1.5 including Ethics 1.5
- MO CLE 1.8
- NJ CLE 1.8 including Ethics 1.8
- NM CLE 1.5 including Ethics 1.5
- NY CLE 1.5 including Ethics and Professionalism 1.5
- OR CLE 1.5
- VT CLE 1.5 including Ethics 1.5
- WA CLE 1.25 including Ethics 1.25
- WV MCLE 1.8 including Ethics 1.8
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
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
- Can be contacted at (973) 639-8541 or [email protected]
Stuart M. Gerson
Epstein Becker & Green, P.C.
- Former Acting Attorney General of the United States, Assistant Attorney General, and federal prosecutor with hands-on enforcement and policy experience with respect to antitrust and data privacy and security
- Experience in counseling and defending companies in antitrust litigation, including the successful court defenses of recent hospital mergers and other healthcare-related cases
- Successful defense of class action litigation related to the privacy of both PII and PHI
- Broad successful litigation and counseling experience with respect to the Federal False Claims Act and other fraud actions
- As a corporate director, head of a compliance committee in a heavily data-centric industry
- Director of National Council of Registered ISAOs, related to the adoption of best cyber practices and the fostering of public/private partnerships
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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