Applicable Model Rules Rule 1.1 Competence Rule 1.3 Diligence Rule 1.6 Confidentiality of Information Rule 5.1 Responsibilities of a Partner or

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2 Applicable Model Rules Rule 1.1 Competence Rule 1.3 Diligence Rule 1.6 Confidentiality of Information Rule 5.1 Responsibilities of a Partner or Supervisory Lawyer Rule 5.2 Responsibilities of a Subordinate Lawyer Rule 5.3 Responsibilities Regarding Nonlawyer Assistant Rule 7.1 Communication/Advertising Applicable Standards The Rules require a minimum standard of conduct; efforts to avoid malpractice or business failure may require greater efforts

3 Malpractice traps that can be avoided using technology Missed deadlines Poor communication/unresponsiveness Conflict of interest Substantive legal errors Fee disputes Inadequate documentation of work

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5 Ethics Opinions NYSBA Opinion 749; NYSBA Opinion 782 ABA Formal Opinion Florida Opinion 06-2 MD Ethics Docket No Alabama Formal Opinion DC Opinion 341 And many more At issue: Sending attorney s responsibility Can you look and must you notify?

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7 Encryption: ABA Formal Opinion Disclaimers Discussion lists/ Q and A Forums Recorded, searchable conversations With other lawyers be aware that even closed lists are not completely private With people seeking legal help be careful, follow state ethics rules when responding to online message boards to the general public

8 Turn off auto-complete In Outlook: Tools Options Options Advanced Options

9 Using spam filters? Don t forget to whitelist the court! Don t fall prey to spear phishing, whaling, and scams What about your clients: What address did your client provide? Is there a work policy that would cause privilege waiver? ABA Formal Opinion

10 Duties to prospective clients: Is your address on your website with no disclaimer? ABA Formal Opinion Are you inadvertently creating: a conflict of interest? a perceived attorney-client relationship? the assumption of attorney-client privilege? Consider click-through disclaimer in plain language

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12 Using LinkedIn, Facebook, Twitter and other public online social networks? Do you intend to use them to generate business? Reread applicable rules regarding: Communication Solicitation Advertising

13 Ok or Ethics violation? Case finally over. Unanimous verdict! Celebrating tonight. Another great victory in court today! My client is delighted. Who wants to be next? Won a million dollar verdict. Tell your friends and check out my website. Won another personal injury case. Call me for a free consultation. Just published an article on wage and hour breaks. Let me know if you would like a copy.

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25 Mask your IP Train Your Attorneys Scan attachments by default Keep software patched, especially Acrobat and Flash Don t give end users admin rights/don t login as admin Encrypt Your Files/hard drive Use web forms don t expose your address Use internal mail system through practice management or project management tools

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27 Deletion does not remove the document Levels of protection Password To open To edit, copy, extract Sharing PDF Portable Document Format Encryption

28 Information hidden or covered in a computer document can almost always be recovered. Unless you do it the right way: Adobe Acrobat x Professional Redaction Tool Appligent Redax Redact-it Desktop Print, black magic marker, scan to PDF

29 Information hidden or covered in a computer document can almost always be recovered Unless you do it the right way

30 Greater freedom of movement = greater risk of loss or theft Laptop computers, PDAs, cell phones, portable drives must be secured Protection is available Passwords Encryption LoJack for Laptops Apps like Lookout Be wary of public PCs

31 Don t expose hard drive contents Wiping deletes data Darik s Boot and Nuke Don t forget mobile devices

32 Backup is fundamental What are the essential elements? What about online back-up of computer data? Is it ethical? Is it secure? How do I select a vendor?

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35 Offline options Security (encryption, physical) Business continuity (export, redundancy) Service level agreement Data migration Corporate maturity (freemium?) Privacy Policy/ Terms of Use

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37 Thanks! Catherine Sanders Reach, Director Chicago Bar Association Law Practice Management & Technology Phone: Follow

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