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Wireless Ethics and Confidentiality for Attorneys

Date: Friday, November 10, 2017
Time: 1:00 - 2:30 pm EST
Length: 90 minutes

Sponsored by Lorman Education Services


Registration for Session Only: $199.00

Registration plus Session Recording and Written Materials: $268.00
 

Description:

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 court-ordered sanctions, and use the technology to best serve their clients' interest.

Areas Covered in the Session:

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

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

Credit Information (Sponsored by Lorman Education Services):

  • CLE
  • NALA
For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Instructor Profile:

Christopher M. Farella, Epstein Becker & Green, P.C.

  • Counsel in the Newark, NJ office of Epstein Becker & Green, P.C.
  • Serves 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 cfarella@ebglaw.com

(Not available outside the US)