Digital Dilemmas Ethics Rules and Responsibilities in an Electronic World

Lawyers, whether in private, government, or corporate practice, deal with electronic information and electronic communications daily for transactional, litigation, and business reasons. Their use of that information will increase exponentially, as lawyers embrace new technologies such as generative artificial intelligence and engage in remote or hybrid practice. This compelling program explores the ethical obligations of lawyers in terms of, among other things, competence, confidentiality, and advertising with a digital spin! Minefields lurk everywhere! This program assists lawyers in understanding the "do's and don'ts.

This distinguished faculty reviews leading decisions and ethics opinions involving E-discovery and electronic records and engage in discussions addressing intriguing questions such as: 

• What are the relevant Rules of Professional Conduct?

• What might the practice of law be in the future: In-person, remote, or hybrid?

• What does it mean for an attorney to be "competent" when dealing with electronically stored information ("ESI")?

• What working knowledge of ESI should an attorney have – should there be a "baseline" of technological competence expected of attorneys, at least so attorneys can ask the right questions or know when and how to seek technological assistance?

• What should an attorney do to protect the confidentiality of electronic communications and what obligations does an attorney have when receiving inadvertent communications?

• What are the obligations of an attorney when dealing with third-party providers of ESl-related services

• What are the obligations of an attorney when dealing with retained experts on E I-related matters for litigation?

• What is the "Cloud" and how can an attorney use it for professional or busines including advertising?

• What can an attorney do to investigate witnesses over the Internet?

• What can an attorney do to investigate jurors over the Internet?

• What about communications between attorneys and judges?

• What should an attorney know about e-filing?

• How does an attorney become competent and maintain competence with ESI?

• How might use of generative artificial intelligence "impact" the practice of law?

• Should an attorney use AI for legal research

• Should an attorney disclose the use of Al {1) to the Court; (2) to clients; (3) to opposing counsel

• How should a partner supervise an associate's use of Al? A paralegal's?

• What are the ethical issues around billing practices in connection with the use of AI?

• Is there a principled basis to decline to use Al, even if the client request it?

Speakers

Hon. Ronald J. Hedges, Former US Magistrate Judge, Ronald J. Hedges LLC

Hon. Timothy S. Driscoll, New York State Supreme Court

Prof. Marissa J. Moran, New York City College of Technology (CUNY)