NJ PARALEGAL CONVENTION

Transcription

1 Ethics and Social Media Joseph Zavaglia, Jr., Esq. Michael Sullivan, Esq. NJ PARALEGAL CONVENTION NJ Paralegal Convention October 24, 2014

2 Presenters: Provider: Michael K. Sullivan, Esq. The Paralegal Education Group PO Box 505 Lincroft, New Jersey ETHICS DISCUSSION: SOCIAL MEDIA & LAW OFFICE TECHNOLOGY I. APPLICABLE ETHICS LAWS Rules of Professional Conduct Other Applicable Resources: ABA Model Rules of Professional Conduct; ABA Model Guidelines for Paralegal Utilization National Federation of Paralegal Associations, Inc., Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement II. INTRODUCTORY COMPONENTS OF EFFECTIVE ADVOCACY Competence RPC 1.1 Diligence RPC 1.3 Communication RPC 1.4 III. ETHICAL CONSIDERATIONS FOR LAW FIRM IN LITIGATION MATTERS Supervision of non-lawyers RPC 5.3 Unauthorized Practice of Law RPC 5.5

3 Initial Consultations with Prospective Clients Non-Lawyer Staff Signing Correspondence and other communications Billing Issues in Litigation for Non-Lawyer Staff IV. SOCIAL MEDIA AND TECHNOLOGY ETHICAL ISSUES OF PRACTICING LAW IN THE DIGITAL AGE Advertising: Posting Truthful Results that create an expectation of similar results; Comparing your services to that of another; Direct solicitations that do not contain the necessary requirements; Fields of practice and certifications. Confidentiality: ABA 1.6 Amendment: 1.6(c) which states, A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. Inadvertent Disclosure: Faxing or ing or texting confidential information to a party or adversary that should not have received it; Unauthorized Disclosure: Posting confidential information on social media that otherwise should have been confidential; Unauthorized Access: Posting confidential information on sites without reasonable measures in place to prevent those that shouldn t have access from getting access to it. Lawyer/client relationship: Keep it general and have measures that prevent inadvertent lawyer/client relationships from being established. No follow-up comments; No specifics; Disclaimers. Other Ethics Issues: RPC 3.4: Fairness to opposing party and counsel Case Law Discussion/Quick Review

4 MICHAEL K. SULLIVAN, ESQ. 14 Rutgers Drive Tinton Falls, New Jersey Tel: Education: Seton Hall University School of Law One Newark Center Newark, New Jersey Juris Doctorate Richard Stockton College of New Jersey P.O. Box 195 Pomona, New Jersey B.A. Criminal Justice-Highest Honors Brookdale Community College 765 Newman Springs Road Lincroft, New Jersey Associate Degree-Criminal Justice Highest Honors Relevant Work Experience: 2006-Present Brookdale Community College Program Director, Paralegal Studies 765 Newman Springs Road Assistant Professor Lincroft, New Jersey Professor in the Legal Studies Department teaching in the areas of Civil Litigation, Civil Procedure, Corporate Law, Constitutional Law, Contracts/Transactional Law, Torts, Criminal Law, Criminal Procedure, and Legal Ethics. As an American Bar Association (ABA) approved legal studies program, the program director is responsible for all institutional and ABA related assessment activities pertaining to the program Hudson County Community College Educational Consultant 25 Journal Square Jersey City, New Jersey Work as an independent educational consultant for the purpose of conducting a needs assessment for the Legal Studies Program. During the course of the academic year, I met multiple times with faculty and administration in order to conduct a thorough review of student demographics, enrollment trends, course offerings, course scheduling, and assessment activities. Following the comprehensive study I prepared a summary of findings and report, which was subsequently presented to the division faculty, Academic Deans, and President of the college.

5 C. Elston & Associates, LLC Part-time associate 3350 Highway 138 Building 2, Suite 121 Wall, New Jersey Practice specializing primarily in employment and civil litigation matters with pertaining to public employees. Individual practice concentrated on handling a variety of public corporate employment issues including collective bargaining, unfair labor practices, and internal disciplinary matters as well as workers compensation and municipal court matters Part-time associate Venturi & Associates, LLC 73 Paterson Street New Brunswick, New Jersey Practice specializing in complex criminal defense and personal injury matters. Worked with managing partner on discovery related matters, extensive motion practice, legal research and writing, meeting with clients, and general trial preparation GluckWalrath, LLP Associate 21 East Front Street Red Bank, New Jersey Mid-sized firm with offices in Red Bank and Trenton. General practice concentrated in commercial and corporate litigation, business transactions, transactional law and local land use and municipal law. Individual practice involved handling complex litigation matters involving contracts, business torts, and commercial disputes on behalf of business entities of various sizes. Also was a member of the municipal law group participating in resolving issues surrounding local redevelopment, land use, zoning laws as well as general municipal court matters Honorable Robert W. O Hagan, J.S.C. Law Clerk Superior Court of New Jersey Civil Part, Law Division Monmouth Vicinage Freehold, New Jersey Prepared written memorandum on all motions and emergent applications presented. Provide assistance in preparing oral and written opinions on a wide variety of complex civil as well as corporate litigation matters. Gained extensive experience dealing with the civil motion calendar and practice as well as resolving discovery issues presented.

6 Widman, Cooney & Wilson Law Clerk 1803 Highway 35 Oakhurst, New Jersey Law clerk in a mid-sized firm participating in a wide variety of civil and criminal law issues along with medical malpractice defense. Assisted partners and associates in the drafting of legal documents related to discovery demands and general motion practice. Participated in depositions and case management conferences and was active in preparing partners for trial. Memberships: New Jersey State Bar Association New Jersey State Bar Association Paralegal Committee Monmouth County Bar Association Haydn Proctor Chapter of the American Inn of Court Brookdale Community College Legal Studies Association