Legal ethics online

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  • How to avoid? Payne’s Metadata Assistant (www.payneconsulting.com)
  • Legal ethics online

    1. 1. Legal Ethics OnlineJeffrey Franklin and David Rakowski
    2. 2. Current and Upcoming Online PrivacyLaws and Their Effect on Legal Practice• White House-”Privacy Bill of Rights”: http://www.whitehouse.gov/sites/default/files/privacy-final.pdf• Existing privacy laws impacting legal practice: – Gramm-Leach-Bliley Act (1999) – HIPAA – COPPA – The Stored Communications Act
    3. 3. ABA Ethics Guidelines for Attorney Use of the Internet• ABA Model Rules 1.1 (“competence”), 1.4 (“communications”), and 1.6 (“confidentiality”)• ABA Model Rules 5.1 (“Responsibilities of a Partner or Supervisory Lawyer”) and 5.3 (“Responsibilities Regarding Nonlawyer Assistant”)http://www.americanbar.org/publications/law_practice_today_home/law_practice_today_archive/march12/cyber-security-for-attorneys-understanding-the-ethical-obligations.html
    4. 4. ABA Commission on Ethics 20/20“Should the ABA add some kind of technology proficiency to the Rules ofProfessional Conduct?”http://www.americanbar.org/groups/professional_responsibility/aba_commission_on_ethics_20_20.htmlhttp://www.pinhawkblog.com/ethics-lawyer-tech-skills/
    5. 5. Using the Metadata Opposing Side Accidentally Shared Through Electronic Communication• What is “metadata”---data about data (i.e., author, date created, software used, comments, and changes)http://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/charts_fyis/metadatachart.html
    6. 6. Pitfalls of Interactive Websites: When Does the Attorney-Client Relationship Begin?“A lawyer-client relationship can arise when a potential client manifests to a lawyer his/her intent that the lawyer provide legal services to the potential client and either 1) the lawyeragrees or 2) the lawyer fails to manifest lack of consent to doso and the lawyer reasonably should know that the potential client is reasonably relying on the lawyer to provide theservices. Restatement (Third) of Law Governing Lawyers Sec. 14 (2000).”http://apps.americanbar.org/litigation/litigationnews/top_stories/082411-ethics-technology-marketing-model-rules.html
    7. 7. What can Attorneys Say in Blogs and on the Forums? Issues to consider:• Content• Confidentiality• Pretrial Publicity• Improvement of the Legal System• Advertising• Unauthorized Practice of Law
    8. 8. Separating Personal and Professional Identity Online Is it possible to keep our personal and professional identities separate?

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