Premiere Date: 02/13/2019 1:00pm
Technology is rapidly changing the way that lawyers and businesses interact (e.g. email; data rooms). This creates new and different challenges to confidentiality, attorney-client privilege and the creation of a detailed record of negotiations and interactions. This webinar will describe the problems and some solutions that arise out of the changing manner and pace of business law practice.
This webinar will also cover several ABA Model Rules of Professional Conduct. The panelists will examine ABA Model Rule 1.1 and specifically discuss Comment 8’s recommendation that “to maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology…”
Model Rule 1.6 requires the attorney to perform “reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” This requirement will be examined in light of the special concerns presented by the use of technology. The panelists will also address Comment 18 to Model Rule 1.6 and explore “reasonableness” judged by “sensitivity of the information, likelihood of disclosure if additional safeguards are not employed, the cost of employing additional safeguards and the extent to which safeguards adversely affect the lawyer’s ability to represent clients (e.g., software that is excessively difficult to use).
Further, this webinar will examine ABA Model Rule 5.1 and 5.2 and the requirement that the attorney must make “reasonable efforts” to ensure that the firm conforms to the Rules of Professional Conduct. The panel will also explore the requirement that lawyers supervising other attorneys shall make “reasonable efforts” to ensure that the other lawyer conforms to the Rules of Professional Conduct.
Finally, the panel will examine ABA Model Rule 5.3 and its requirement that lawyers with direct supervisory authority over nonlawyers must make “reasonable efforts” to ensure that the person’s conduct is compatible with the professional obligations of the lawyer, Also, the panel will explore Comment 2 to Rule 5.3.