Federal Bar Association: Wireless Ethics and Confidentiality for Attorneys

Stuart Gerson and Christopher Farella, Members of the Firm, present "Wireless Ethics and Confidentiality for Attorneys," a webinar hosted by the Federal Bar Association.

With technology dominating how we interact with one another, attorneys are increasingly reliant on the latest methods of communication and data management in dealing with clients, adversaries, and the courts. Additionally, the volume of client documents now being created and stored electronically has risen exponentially, affecting document review in connection with investigations and discovery in litigation… As a result, lawyers are now under an enforceable ethical duty to understand the attributes and risks inherent in the various technologies which aid in the representation of clients and communications to the public. With this duty come challenges in execution, from what to store and where, how to access information from inside and outside of the office, to how to deal with inevitable missteps or errors. The typical attorney has never studied technology; indeed, law schools traditionally have not taught much about it. Times are changing.

This webinar will discuss a range of technological challenges, beginning with the ethical rules that attorneys must understand and apply in meeting their representational and professional responsibilities play regarding the use of technology, the best practices for maintaining and communicating information, and the avoidance or minimization of risk. 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 ethical grievances, reduce the risk of court-ordered sanctions, and use 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
•  Identification and minimization of risks associated with employing technology
•  Exploring ways information can be disclosed inadvertently and how attorneys should respond
•  Use of Social Media and its impact on the practice of law

For more information, visit FederalBarCLE.org.