Technology and Ethics: What Every Lawyer Should Know

This program will discuss everything you need to know about technology and ethics as a lawyer, including:

The Do’s and Don’ts of Social Media Use by Attorneys

Social media is now used routinely by lawyers to communicate with clients and the public for, among other things, advertising and investigating adversary parties, witnesses, and jurors. Social media can be a powerful tool, but it also carries potential ethical risks. This topic will look to the NYSBA Social Media Ethics Guidelines and consider, among other things:

• Competence and confidentiality in using social media
• Applicability of advertising rules when using social media
• Monitoring social media content by others
• Investigating witnesses and jurors

Ethical Implications of Working Remotely and Online Collaboration

Most lawyers have adapted to remote work. Yet, ethics and professionalism standards are sometimes slow to adapt to new realities. And, with the increase in remote work and overall screen time, some attorneys are using collaboration tools and social media in novel ways to connect with others or expand their practice. Panelists will help attendees identify and comply with ethical and professionalism obligations implicated by technology. This topic will discuss the following: 

• Key ethical risks and benefits presented by technology, including social media 
• Ethics regarding communication tools such as:
  •   Facebook, LinkedIn, TikTok and other social media platforms
  •   Chat & collaboration tools
•   Ephemeral messaging and data
  • Professionalism challenges when using these platforms 
• Simple technology and ethics tips attendees can use immediately 

The Ethical Implications of Keeping Client Data Secure

Law firms hold a treasure trove of data – their own, their employees, and of course that of their clients. For that reason, law firms have increasingly become the target of hackers seeking to access, among other things, client trade secrets, product pipeline information, sensitive and nonpublic M&A diligence, or personal financial or confidential information of well-known or high-net worth clients. Law firms have ethical obligations to safeguard their client confidences. Duties to safeguard client data also arise from a number of other sources, such as state, federal and international regulations and may be assured contractually in retainer letters or outside counsel guidelines. This topic will discuss the following:

• Sources and locations of client data
• Sources of legal obligations to protect client data, such as:
•   The ethics rules
•   Outside counsel guidelines
•   Retainer letters
•   State and federal privacy and data security laws, including those that impose obligations on third-party vendors (which from your client’s perspective, may be your law firm!)
• Best practices for protecting client data for firms of all sizes.

Speakers

Scott L. Malouf, Esq., Law Office of Scott L. Malouf

Ignatius A. Grande, Esq., Berkeley Research Group LLC

Ronald J. Hedges, Esq., Dentons US

Samantha V. Ettari, Esq., Kramer Levin Naftalis & Frankel

Maura R. Grossman, Esq., Maura Grossman Law

Sari Montgomery, Esq., Robinson, Stewart, Montgomery & Doppke, LLC.

Shawndra G. Jones, Esq., Epstein Becker & Green, P.C.

Lori B. Leskin, Esq., Arnold & Porter Kaye Scholer LLP