Using Technology Safely and Responsibly in a Legal Setting: Understanding Key Ethics Rules, Avoiding Misuse
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Professional Skills
- event Date
Friday, August 30, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
60 minutes
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This 60-minute webinar is eligible in most states for 1.0 CLE credits.
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An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.
This CLE webinar will provide guidance on how attorneys can safely and responsibly use the latest devices and technologies, including generative AI and ChatGPT, in a law practice setting. The speakers will explore how commonly used technologies may implicate a lawyer’s ethical obligations, including the duties of competence and confidentiality. The speakers will also provide tips for avoiding missteps and misuses.
Mr. Desteian represents businesses in complex commercial litigation, and also counsels and defends other lawyers against a spectrum of professional liability claims. His commercial litigation practice includes representing businesses in a wide range of business disputes. As a professional liability attorney, he regularly helps other lawyers prevent and navigate lawsuits, investigations, board proceedings, and hearings involving legal ethics, legal malpractice, and other areas relating to the law of lawyering.
Mr. Hall is a litigation attorney whose practice includes data breach and cybersecurity, business and commercial litigation, construction and real estate, employment, and professional liability. Previously, Mr. Hall served as an Assistant Attorney General for the Minnesota Attorney General’s Office and as an Assistant District Attorney in Western New York. In these roles, he represented clients in trials, administrative hearings, and appeals, provided counsel to government agencies and municipalities, conducted investigations, and performed pro bono work for non-profit and small business organizations. Mr. Hall has undergone extensive training in digital forensics and digital evidence at the National Computer Forensics Institute. He holds both the Certified Information Privacy Professional/United States (CIPP/US) and Certified in Cybersecurity (CC) certifications. These credentials allow him to provide comprehensive legal solutions in information security, data privacy compliance, incident response, and cyber risk management.
Lawyers and law firms must utilize technology to remain competitive, manage productivity and efficiency demands and to meet the needs and expectations of their clients. While the use of technology is prevalent in the legal industry and there are many products and services designed specifically for law firms, lawyers face challenges when it comes to using legal technology ethically and responsibly.
ABA Model Rule 1.1 defines lawyer competence and Comment 8 to the rule provides that a lawyer’s duty to maintain the requisite knowledge and skill in their practice includes understanding “the benefits and risks associated with relevant technology.” Most states have adopted this standard with some states requiring an even greater level of technological knowledge and competence.
There are other professional conduct and ethics rules that must be considered when employing technology in a legal setting, such as the duty to maintain the confidentiality of client information, the duty to provide reasonable and transparent communication with a client, and a lawyer’s responsibility to oversee their internal support staff as well as external parties and vendors who assist in a client’s representation.
Listen as our authoritative speakers explore the intersection of legal ethics and the responsible use of current and evolving technologies and provide guidance for mitigating the risks of misuse.
- Overview: latest technologies and their uses in a law practice setting
- Guidance from key ethics rules
- Attorneys have an ethical obligation to be technologically competent – what does this mean?
- Protecting confidential client information: data security, cybersecurity threats and obligations after a data breach
- Factors to consider when evaluating tech tools for your practice
- Emerging guidance on the use of generative AI and ChatGPT
- Ensuring support staff and outside vendors are compliant with professional standards
- Key takeaways
The panel will discuss these and other key issues:
- What ethics rules provide guidance on the use of technology in a law practice setting?
- What does it mean for a lawyer to be professionally competent in the use of technology in their practice?
- How can lawyers leverage various tech tools to their benefit while also maintaining compliance with ethics rules?
- What are new or ongoing responsibilities for attorneys when adopting emerging technologies such as generative AI or ChatGPT?
- How can attorneys ensure that subordinate staff and vendors are also complying with the professional rules of conduct?
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