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

$195.00

CLE Credits earned: 2 PROFESSIONALISM or GENERAL (or 2 LAW & LEGAL for WA state)

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.

Key topics to be discussed:

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

Date / Time: December 12, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

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Original Broadcast Date: July 30, 2019

Daniel Cotter, Esq. is a partner with Latimer LeVay Fyock LLC in Chicago, IL. Before joining Latimer LeVay in 2017, Dan served as the general counsel, vice president & secretary of Fidelity Life Association, a large insurance company based on Chicago. Dan has spent nearly 25 years of his legal career working with the insurance industry, where he has extensive experience handling transactional work, general regulatory and government relationships in multiple jurisdictions, and litigation and oversight, as well as privacy.

Dan has been working in the privacy and cyber space for his clients since the late 1990s, helping them navigate laws such as HIPAA, Gramm-Leach-Bliley, the EU Directive on Privacy, and other laws and regulations. Dan has his certification as a CIPP/US, and has written and presented extensively on the topics of privacy and cyber.

2 Professionalism Credits: AL, AZ, CT, HI, ID, IL, KS, ME, MS, MO, MT, NC, NE, NH, NJ, NM, NY, OH, OK, TN, TX, UT, VA, WI, WV

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

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    Live Video Broadcasts

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    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, SC, and LA]

Reciprocity
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Section I. The myriad technology and privacy challenges facing the lawyer

Section II. What lawyers should know about the recent American Bar Association Opinion 477 regarding confidentiality of emails

Section III. What lawyers should know about the recent American Bar Association Opinion 483 regarding notifying clients of breach

Section IV. Basics of the Rules of Professional Conduct and what each lawyer must understand

Section V. Other privacy procedures coming from clients, including the recently issued Principles from the Association of Corporate Counsel

Section VI. Application of the Rules of Professional Conduct to some specific technologies

Section VII. What steps lawyers can take to help prevent being victims of hacks