Technical Revolution - Ethical Evolution Keynote

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Technical Revolution - Ethical Evolution Keynote

  1. 1. Presented by Cynthia Sharp • Professional CLE Speaker • Attorney Business Coach Friday, June 28, 2013
  2. 2. Technical Revolution - Ethical Evolution 2 Event Sponsor: June 21, 2013 Friday, June 28, 2013
  3. 3. Preliminary Thoughts 3 Friday, June 28, 2013
  4. 4. Preliminary Thoughts • I would be really happy if we could cover the following: 3 Friday, June 28, 2013
  5. 5. Preliminary Thoughts • I would be really happy if we could cover the following: • I decided to attend “Tech Rev” because: 3 Friday, June 28, 2013
  6. 6. Wake Up To Social Media! 4 Friday, June 28, 2013
  7. 7. Attorneys Using Social Media 15% 43% 56% 5 Friday, June 28, 2013
  8. 8. Attorneys Using Social Media 15% 43% 56% Quadrupled in 2 years! 5 Friday, June 28, 2013
  9. 9. 2012 Simply Zesty; Online PR & Social Media 6 • 2 Billion internet users in the world • 7 billion people in the world • More than 1 billion Social Network users Friday, June 28, 2013
  10. 10. Social Media Practical Applications 7 • Marketing • Practice Area • Develop Internal Social Media Policy • Compliance Procedures • Criminal Defense • Civil Litigation • Litigation/Research Tool Friday, June 28, 2013
  11. 11. Social Media • New Case Law • Interesting Ethical Issues 8 Friday, June 28, 2013
  12. 12. Information About Legal Services • Protected Form of Commercial Speech • Subject to Rules 7.1 - 7.5 9 Friday, June 28, 2013
  13. 13. Digital Immigrant or Digital Native? 10 Friday, June 28, 2013
  14. 14. Social Media as a Marketing Tool 11 STRATEGY BRAND PROFILE EXECUTION Friday, June 28, 2013
  15. 15. Information About Legal Services • 7.1 - Communication Concerning a Lawyer's Services • 7.2 - Advertising • 7.3 - Direct Contact with Prospective Clients • 7.4 - Communication of Fields of Practice and Specialization • 7.5 - Firm Names and Letterheads 12 Friday, June 28, 2013
  16. 16. 13 Friday, June 28, 2013
  17. 17. American Bar Association Formal Opinion 10-457 14 Friday, June 28, 2013
  18. 18. American Bar Association Formal Opinion 10-457 14 Friday, June 28, 2013
  19. 19. Free Commercial Speech or Regulated Attorney Advertising 15 Friday, June 28, 2013
  20. 20. blawgsearch.justia.com 16 Friday, June 28, 2013
  21. 21. 17 Friday, June 28, 2013
  22. 22. 17 Friday, June 28, 2013
  23. 23. Facts About • 100% of Fortune 500 Companies Have Executives on Linkedin • 225 Million Members • Every Second - 2 New Member Joins 18 Friday, June 28, 2013
  24. 24. 19 Facebook Friends Cynthia Sharp Bruce Steiner Ron Fatoullah Friday, June 28, 2013
  25. 25. 20 Facebook Friends Cynthia Sharp Bruce Steiner Ron Fatoullah Friday, June 28, 2013
  26. 26. 20 Facebook Friends Cynthia Sharp Bruce Steiner Ron Fatoullah Friday, June 28, 2013
  27. 27. Use Common Sense! 21 Friday, June 28, 2013
  28. 28. 22 1.6 billion search queries 400 million tweets Friday, June 28, 2013
  29. 29. 22 1.6 billion search queries 400 million tweets Friday, June 28, 2013
  30. 30. www.lextweet.com 23 Friday, June 28, 2013
  31. 31. 24 Nebraska State Bar @nebrbar17 Jun Hashtags coming to Facebook, may wish to change privacy settings. http://bit.ly/18RA9B7  via @LXBN Friday, June 28, 2013
  32. 32. Crowdsourcing 25 Friday, June 28, 2013
  33. 33. Research Tool Write down 3 ways that you use the internet to research 26 Friday, June 28, 2013
  34. 34. www.jdsupra.com 27 Friday, June 28, 2013
  35. 35. Litigation Tool 28 Friday, June 28, 2013
  36. 36. Mining Information • Vetting Jurors • Pretexting (“Friending”) 29 Friday, June 28, 2013
  37. 37. Internet Research by Jurors 30 Friday, June 28, 2013
  38. 38. Discovery • Warn clients not to discuss their case online • Standard Applied: Reasonably calculated to lead to discovery of admissible evidence • Notice to produce 31 Friday, June 28, 2013
  39. 39. Ethical Evolution • Terminology • Competence • Confidentiality • Communication • Duties to Prospective Clients • Receipt of Erroneously Sent Document • Supervision of NonLawyer Assistants • Advertising 32 Friday, June 28, 2013
  40. 40. Confidentiality Notice This electronic transmission and any attached documents or other writings are confidential and are for the sole use of the intended recipient(s) identified above. This message may contain information that is privileged, confidential or otherwise protected from disclosure under applicable law. If the receiver of this information is not the intended recipient, or the employee, or agent responsible for delivering the information to the intended recipient, you are hereby notified that any use, reading, dissemination, distribution, copying or storage of this information is strictly prohibited. If you have received this information in error, please notify the sender by return email and delete the electronic transmission, including all attachments from your system. 33 Friday, June 28, 2013
  41. 41. “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, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.” - Comment 6 to MRPC 1.1 (as amended) Competence 34 Friday, June 28, 2013
  42. 42. Redaction Issues Long gone are the days when the attorney duty of confidentiality imposed by Model Rule 1.6 was satisfied by maintaining a fireproof steel locked filing cabinet behind a secured office door. The technological revolution has taken us beyond the world of desktop computers with a dedicated server to the stratosphere of cloud computing and the genius of smartphones and electronic tablets. The portability of our “second brain” results in additional ethical responsibilities that must not be ignored. Lawyersʼ obligations have radically changed in light of the methods by which confidential client and personal information is now carried and stored. 35 Friday, June 28, 2013
  43. 43. Data Disaster 36 Friday, June 28, 2013
  44. 44. Duty of Confidentiality MRPC 1.6 37 Friday, June 28, 2013
  45. 45. Communication “... A lawyer should promptly respond to or acknowledge client communications.” - Comment [4] of MRPC 1.4 (as amended) 38 Friday, June 28, 2013
  46. 46. Duties to Prospective Clients “...[a] person becomes a prospective client by consulting with a lawyer about a client-lawyer relationship with respect to a matter”. - Comment 2 to MRPC 1.18 (as amended) 39 Friday, June 28, 2013
  47. 47. Does a Communication Constitute a Consultation? • Did the lawyer encourage or solicit inquiries about a proposed representation? • Did the person encounter any warnings or cautionary statements that were intended to limit, condition, waive or disclaim the lawyer’s obligations? • Were those warnings or cautionary statements clear and reasonably understandable? • Did the lawyer act or communicate in a manner that was contrary to the warnings or cautionary statements? 40 Friday, June 28, 2013
  48. 48. Receipt of Erroneously Sent Documents Lawyer receiving electronically stored information that he or she knows or reasonably should know was sent inadvertently must  promptly notify the sender of the mistake (Model Rule 4.4(b))    Duty to notify extends to metadata. (Comment 2) 41 Friday, June 28, 2013
  49. 49. Recommended Metadata Scrubbers Metadata Assistant: http://www.payneconsulting.com/products/ metadataretail/ iScrub: http://esqinc.com/section/products/2/iscrub.html Workshare Protect: http://www.workshare.com/products/wsprotect/ Metadact: http://www.litera.com/Products/Metadact%AE.aspx 42 Friday, June 28, 2013
  50. 50. Do You Secure PDF Files Before You Transmit? Suggested Office Policy: “When there is no legitimate reason to transmit an editable document, we will always send SECURE PDFs.” 43 Friday, June 28, 2013
  51. 51. You Cannot Delegate Ethical Responsibilities Model Rule 5.3 requires attorneys who outsource work to non-attorneys to “make reasonable efforts to ensure that the non-lawyers’ services are provided in a manner that is compatible with the lawyer’s professional obligations”. 44 Friday, June 28, 2013
  52. 52. Attorney Advertising Rules Lawyers may pay Internet-based lead generators for generating client leads, as long as the lead generator does not “recommend” the lawyer.   (MRPC 7.2, Comment 5) Only a “target communication initiated by the lawyer” directed to a “specific person” that “offers to provide” legal services is a solicitation. Communications to the general public, including Internet banners, are not solicitations. (MRPC 7.3) 45 Friday, June 28, 2013
  53. 53. Law Firm Social Media Policy 46 Friday, June 28, 2013
  54. 54. Online or In Line • Keep client confidences • Avoid appearance of establishing client-attorney relationship • Be polite • Don’t fight • Don’t bad mouth law firm, colleagues or judges. 47 Friday, June 28, 2013
  55. 55. “A lawyer shall act with reasonable diligence and promptness in representing a client.” Comment 2 - “A lawyer's work load must be controlled so that each matter can be handled competently.” Rule 1.3 48 Friday, June 28, 2013
  56. 56. www.evernote.com 49 Friday, June 28, 2013
  57. 57. www.pomodorotechnique.com 50 Friday, June 28, 2013
  58. 58. Moving Forward • Did you learn anything new today? • Did you gain any insight into yourself or someone else? • Do you plan to change any of your behaviors as a result of today’s session? Friday, June 28, 2013
  59. 59. Evaluations 52 Friday, June 28, 2013
  60. 60. Friday, June 28, 2013
  61. 61. Connect with Cindy like us follow us follow us share with us The Sharper Lawyer connect with us Friday, June 28, 2013
  62. 62. The Sharper Lawyer now offers a complimentary half hour coaching session. Email Cindy for more details! cindy@thesharperlawyer.com Friday, June 28, 2013
  63. 63. Thank You The Sharper Lawyer www.thesharperlawyer.com Friday, June 28, 2013

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