Legal Ethics and Technology in the Digital Age

Program Schedule

12:00 P.M. ET

  • Welcome, Introduction of Speaker, & Agenda 

  • Background: 2012 Modifications to the Model Rules of Professional Conduct
    • Basis of the Modifications: ABA Ethics 20/20 Report
    • Current Implementation in the States

  • ABA Model Rule 1.1 – Duty of Technological Competence
    • What is "Technological Competence"?
    • E-discovery and Litigation
      • Institutional and practical concerns for working with e-discovery vendors
      • Due Diligence: Asking the Right Questions
    • Social Media: Added Value and Potential Pitfalls
      • Social Media as an Investigative and Screening Tool
      • Risks of Employing Social Media as a Data Tool
      • Proactive Steps to Mitigate Risk

  • ABA Model Rule 1.6(c) – Obligation to Protect Client Data
    • Encrypted Email: To Use or Not to Use?
    • Emphasizing the Importance of Data Security in OGC

  • Question & Answer

  • ABA Model Rule 5.3 – Responsibilities Regarding Handling of Data by Non-Lawyers Third Parties
    • Working with Third Parties
      • Critical Contract Terms
      • Who Bears the Risk in a Data Security Incident?
    • Common Third Party Vendors Handling Sensitive Data (That You May Not Have Thought About ... Until Now)
      • Important Technology and Data Considerations for Common Third Party Vendors Across the Institution

  • Final Takeaways

  • Question & Answer

2:00 P.M. ET

   IX. Concluding Remarks