Wireless Ethics and Confidentiality for Attorneys


CLE Credits earned: 2 ETHICS

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 webinar 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.

Key topics to be discussed:

•   Discussion of ethical rules that touch upon or in some way intersect with technology
•   Discussion of risks associated with using technology and utilizing best practices
•   Exploring ways information can be disclosed inadvertently and how attorneys should respond
•   Use of Social Media and its impact on the practice of law

Date / Time: June 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.

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

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Original Broadcast Date: September 11, 2018

Christopher Farella, Esq. is a member of the Litigation Department of Epstein Becker & Green, P.C. and also serves as Epstein Becker & Green, P.C.’s Deputy General Counsel with duties encompassing advice on ethical matters, resolution of conflicts of interest, and advising senior management on a wide-range of issues. Mr. Farella’s 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 and he served as Chairperson for New Jersey Supreme Court District Ethics Committee. Mr. Farella is a received his law degree from Seton Hall University School of Law.

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.

    Automatic MCLE Approvals

All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, WV, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, SC, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “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]

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. Ethical Rules Implicated by Technology
a) Duty of Competence
b) Duty of Communication
c) Duty of Confidentiality

Section II. Common Risks and Solutions for Using Wireless Resources
a) Wifi – public and private
b) VPN
c) Mobile Devices
d) Malware

Section III. How to Manage Electronic Information
a) Electronic Files in the Office
b) “The Cloud”
c) Metadata

Section IV. Inadvertent Disclosure
a) Interplay with Model Rule 1.6
b) Litigation scenarios and Clawback provisions
c) Non-Litigation scenarios
d) Panama Papers scenario
e) Border searches

Section V. Ethics and Social Media
a) Lawyer Advertising Rules
b) LinkedIn Recommendations
c) Avvo and other online legal referral services