Understanding Your Obligations Under the Model Rules of Professional Conduct
Program Number: 3039
Program Date: 01/07/2020
Description
The Model Rules of Professional Conduct changed in the last few years to take a more proactive approach to privacy obligations for lawyers, especially when it comes to the use of technology and client representation. All states have adopted changes to Rule 1.1 and more than half the jurisdictions have adopted Comment 8 to Rule 1.1, which addresses an ethical duty of technology competence. Rule 1.6(e) also changed and comments in many jurisdictions were added to address confidentiality concerns. Recently, the American Bar Association issued Opinion 477, dealing with Rules 1.1 and 1.6(e) and confidentiality of email communications with clients. In addition to the ABA and other rule changes for lawyers, organizations such as the Association of Corporate Counsel have issued guidelines for clients to consider when dealing with law firms. Please join Daniel Cotter as he provides an overview of the relevant rules of professional conduct and the changes that have recently been implemented to address the intersection of technology and effective representation. He will apply the rules to areas including use of the cloud, encryption of emails, use of public Wi-Fi, and other applications. The session will leave the participants with a better understanding of the importance of understanding the technologies lawyers are utilizing and taking preventive measures to minimize their exposures to ransomware attacks and hacking.
WHAT YOU WILL LEARN
This webinar will cover:
• What lawyers should know about the American Bar Association Opinion 477R regarding confidentiality of emails
• What lawyers should know about the recent American Bar Association Opinion 483 regarding obligations to advise clients of data issues
• Basics of the Rules of Professional Conduct and what each lawyer must understand
• Other privacy procedures coming from clients, including the recently issued Principles from the Association of Corporate Counsel
• Application of the Rules of Professional Conduct to some specific technologies
• What steps lawyers can take to help prevent being victims of hacks
Available in states
California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - Experienced Attorneys Only, Texas Self Study
Credit Information
50 minute credit hour - 1.0 General CLE credit, based on a 50-minute credit hour, including 1.0 credit Ethics
60 minute credit hour - 1.0 General CLE credit, based on a 60-minute credit hour, including 1.0 credit Ethics
State Program Numbers
Credit Eligible for Experienced Attorneys Only in NY
Program Categories
Administrative Law & Regulations
Business Law
Communications and Media Law
Complex Litigation
Computer, Internet & E-Commerce Law
Cybersecurity
Ethics & Professionalism
Federal Courts
Florida Eligible
In-House Counsel
Information Technology
Media & Communication Law
Professional Development
Technology Law
Presenters
 Daniel A. Cotter, Esq. Howard & Howard Attorneys PLLC |
Dan is an experienced attorney who has served in a variety of legal roles in his career, including as general counsel of a large life insurance company, as well as extensive experience in private practice. Dan's mix of clients includes insurance companies and other financial institutions, IT and consulting companies, and nonprofits. He has been working on privacy and cybersecurity issues since 1996, including development of terms and conditions and disclaimers on Fortune 500 websites in the late 1990s. He has been the chief privacy officer of several companies and law firms, and has extensive experience as in-house counsel. Dan is experienced in dealing with complex insurance regulatory issues and transactions, and substantial reorganizations of holding company systems. Throughout his career, he has negotiated thousands of contracts from simple to complex, including outsourcing. He also has substantial experience with internal investigations and employment-related issues. Dan has also written a book about these 17 Esteemed Chiefs of Justice. Use the following link to view the book on Amazon.
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