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3 21-12 ethical challenges for mobile practice

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3-21-12 CLE Presentation, "Ethical Challenges for Mobile Practice," presented by Jonathan I. Ezor at Olshan (http://www.olshanlaw.com).

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3 21-12 ethical challenges for mobile practice

  1. 1. Ethical Challenges for Mobile Practice Jonathan I. Ezor jezor@olshanlaw.com Olshan CLE Lunch Seminar March 21, 20121604814-1
  2. 2. Electronic Communications Crucial for All Businesspeople • Multiple channels of electronic business communication – E-mail – Text messages – Web sites – Videoconferencing – Social media – Others • Can be one-way, two-way or multipoint jezor@olshanlaw.com1604814-1
  3. 3. Common Challenges of Electronic Business Communication • Addressing and attachment errors • Lack of nuance & tone • Heightened expectations of responsiveness • Informality • Compliance • Management jezor@olshanlaw.com1604814-1
  4. 4. Attorneys’ Ethical Obligations Add to Challenges • Rules of Professional Conduct impact on attorney communication • Lawyers must ensure compliance with those as well as with good business practices • Substantial risks for failures • Risks beyond formal ethics issues jezor@olshanlaw.com1604814-1
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  7. 7. Concluding Paragraph from ABA Technology Proposal • Technology can increase the quality of legal services, reduce the cost of legal services to existing clients, and enable lawyers to represent clients who might not otherwise have been able to afford those services. Lawyers, however, need to understand that technology can pose certain risks to clients’ confidential information and that reasonable safeguards are ethically required. The Commission’s proposals are designed to help lawyers understand these risks so that they can take appropriate and reasonable measures when taking advantage of technology’s many benefits…. jezor@olshanlaw.com1604814-1
  8. 8. Attorneys: Confidentiality is Not a Privilege • Attorneys required to maintain confidentiality • Encryption not (yet) required for e-mail, but must take appropriate precautions • Failure can lead not only to sanctions, but real- world consequences for clients • Problem can be compounded by lack of IT resources jezor@tourolaw.edu1604814-1
  9. 9. Cloud and Other Remote Storage • Remote storage and applications newly relevant • Connect desktop and mobile devices to enterprise-level resources • Ethical concerns particularly over confidentiality jezor@olshanlaw.com1604814-1
  10. 10. http://is.gd/X3j7BP1604814-1
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  12. 12. Home Office Ethical Issues • Wireless network security • Physical security • “Bona Fide Office” and residency requirements – NY Judiciary Law §470 – Schoenefeld v. New York jezor@olshanlaw.com1604814-1
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  14. 14. http://www.schoenefeldlaw.com/images/pdf/summary_judgment_motions_decision.pdf1604814-1
  15. 15. Mobile Devices & Telecommuting: Additional Confidentiality Risks • Attorneys carry entire client files, critical documents on tablets, smartphones & laptops – Easily lost or stolen – Often not protected with passwords • Many use unsecured public wireless networks • Public computers (hotels, business centers) can store info. in memory jezor@tourolaw.edu1604814-1
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  18. 18. Attorneys Tweeting Badly jezor@olshanlaw.com1604814-1
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  22. 22. Best Practices: Know Technology & Encrypt Data • Understanding and using security features critical – VPN – Passwords – Remote wipe – Screen privacy filters • Encrypt whenever possible – Truecrypt – SSL connections • Work closely with IT professionals jezor@olshanlaw.com1604814-1
  23. 23. Questions? jezor@olshanlaw.com1604814-1

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