11 27 07 Ezor Attorney E Mail Ethics Presentation

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Information about 11 27 07 Ezor Attorney E Mail Ethics Presentation

Published on January 19, 2009

Author: ProfJonathan

Source: slideshare.net

Description

Ethics issues for attorneys using technology in their practices

E-mail Ethics: Rules and Best Practices for Attorney Use of E-mail and the Internet Professor Jonathan I. Ezor Director Institute for Business, Law & Technology Touro Law Center When Spam Isn’t Spam November 27, 2007 [email_address]

Computers and Technology Embedded in Legal Practice Document creation and management Communication with clients, courts, government Back office management Legal and business research Advertising and marketing Courtroom presentation and practice

Document creation and management

Communication with clients, courts, government

Back office management

Legal and business research

Advertising and marketing

Courtroom presentation and practice

All Professionals Face Issues Depending On Technology Reliability of hardware/software can affect business Employee abuse of Internet leads to lost productivity Costs of acquisition, support can be extensive Vulnerability to viruses, spyware

Reliability of hardware/software can affect business

Employee abuse of Internet leads to lost productivity

Costs of acquisition, support can be extensive

Vulnerability to viruses, spyware

Legal Practice Raises Additional Concerns Confidentiality Unauthorized practice Verifiability of sources Uneven “playing field” in courtroom Electronic discovery Others

Confidentiality

Unauthorized practice

Verifiability of sources

Uneven “playing field” in courtroom

Electronic discovery

Others

Internet Technology Enables Mobile Workforce Telecommuters working from home Sales and other traveling employees Wired, wireless access widespread Outsourcing spreading labor force worldwide Handhelds include Internet access Office apps include remote capabilities

Telecommuters working from home

Sales and other traveling employees

Wired, wireless access widespread

Outsourcing spreading labor force worldwide

Handhelds include Internet access

Office apps include remote capabilities

Mobile Workers Open Doors Many bring corporate data to the outside Home or third party computers vulnerable to compromise Accessing corporate network via insecure connection Wired/wireless sniffers Shoulder surfers E-mailed, paper files can get lost, missent 1990: Intel and AMD’s Mike Webbs Dumpster diving Kinkos

Many bring corporate data to the outside

Home or third party computers vulnerable to compromise

Accessing corporate network via insecure connection

Wired/wireless sniffers

Shoulder surfers

E-mailed, paper files can get lost, missent

1990: Intel and AMD’s Mike Webbs

Dumpster diving

Kinkos

Portable Devices Add to Concerns Mirroring brings corporate data onto mobile computers Laptops can be lost or stolen Not just an issue for PCs PDAs store documents as well as calendars Hiptops, cellphones receive e-mail containing data Small storage units contain massive information

Mirroring brings corporate data onto mobile computers

Laptops can be lost or stolen

Not just an issue for PCs

PDAs store documents as well as calendars

Hiptops, cellphones receive e-mail containing data

Small storage units contain massive information

 

 

 

 

Attorneys: Confidentiality is Not a Privilege Attorneys required to maintain confidentiality Encryption not required for e-mail, but must take appropriate precautions Failure can lead not only to sanctions, but real-world consequences for clients Problem compounded by lack of IT knowledge at many small firms

Attorneys required to maintain confidentiality

Encryption not required for e-mail, but must take appropriate precautions

Failure can lead not only to sanctions, but real-world consequences for clients

Problem compounded by lack of IT knowledge at many small firms

 

 

 

Attorney Advertising: E-mail, Web Sites a Concern NY courts regulate attorney advertising Rules include restrictions, requirements for e-mail and online advertising Subject must include “Attorney Advertising” No nicknames or tradenames implying success may be used—issue for domain names All computer communications must be retained for 1 year Web sites (including changes) must be preserved Attorneys may not solicit for services in real-time or interactive-accessed online communication other than from existing close contacts http://www.courts.state.ny.us/rules/attorney_ads_amendments.shtml for more information

NY courts regulate attorney advertising

Rules include restrictions, requirements for e-mail and online advertising

Subject must include “Attorney Advertising”

No nicknames or tradenames implying success may be used—issue for domain names

All computer communications must be retained for 1 year

Web sites (including changes) must be preserved

Attorneys may not solicit for services in real-time or interactive-accessed online communication other than from existing close contacts

http://www.courts.state.ny.us/rules/attorney_ads_amendments.shtml for more information

Unauthorized Practice: Where In The World is The Client? Many Web sites offer legal information, form documents which could be “practicing law” Almost impossible to limit where site will be viewed Disclaimers, careful review of text essential Issue faced by in-house counsel as well

Many Web sites offer legal information, form documents which could be “practicing law”

Almost impossible to limit where site will be viewed

Disclaimers, careful review of text essential

Issue faced by in-house counsel as well

Verifiability of Sources: Can the Internet Be Trusted? Web offers attractive alternative to traditional and electronic research Zero- or low cost Easy cut-and-paste Clients balk at paying Lexis/Westlaw fees Younger professionals turn naturally to Internet Some information available only/first on ‘Net

Web offers attractive alternative to traditional and electronic research

Zero- or low cost

Easy cut-and-paste

Clients balk at paying Lexis/Westlaw fees

Younger professionals turn naturally to Internet

Some information available only/first on ‘Net

Double Trouble of Internet: Reliability and Currency Difficult to determine whether Web sites are accurate, complete Legitimate-looking sites can be fraudulent (“phishing”) Few sites offer guarantees of accuracy Can be problem to determine who owns/runs site Even official sites may not be current Need to check “pocket part,” whether literal or figurative, before relying on material

Difficult to determine whether Web sites are accurate, complete

Legitimate-looking sites can be fraudulent (“phishing”)

Few sites offer guarantees of accuracy

Can be problem to determine who owns/runs site

Even official sites may not be current

Need to check “pocket part,” whether literal or figurative, before relying on material

Litigation Technology: High Stakes, Frequent Mistakes Courtroom technology increasing Presentation graphics Multimedia exhibits Well-funded litigants with high-tech “toys” may dazzle jury Unfamiliarity with technology can impede rather than help case Best approach: Careful choice of technology, extensive rehearsal

Courtroom technology increasing

Presentation graphics

Multimedia exhibits

Well-funded litigants with high-tech “toys” may dazzle jury

Unfamiliarity with technology can impede rather than help case

Best approach: Careful choice of technology, extensive rehearsal

NORTHERN DISTRICT OF CALIFORNIA https://ecf.cand.uscourts.gov/cand/faq/tips/redacting.htm

 

 

Electronic Discovery: Giving and Receiving Many cases now hinge on digitally-stored materials E-mail Memoranda Web sites Unfamiliar attorneys may request too little, produce wrong/too much material Critical to enlist computer forensics consultants

Many cases now hinge on digitally-stored materials

E-mail

Memoranda

Web sites

Unfamiliar attorneys may request too little, produce wrong/too much material

Critical to enlist computer forensics consultants

 

Malicious Hacking: Long Island law firm brought Web server in-house Consultant failed to close security holes Firm ended up hosting Eastern European porn server “ The Case of the Law Firm Porn Server”

Long Island law firm brought Web server in-house

Consultant failed to close security holes

Firm ended up hosting Eastern European porn server

With Digital Records, Backups Required by Ethics and Best Practices Firms keep documents, client records electronically Natural, man-made disasters can make them inaccessible 9/11 and other terrorist attacks Hurricanes Blackouts Failure to make backups could be grounds for sanctions Not just onsite but offsite backups critical

Firms keep documents, client records electronically

Natural, man-made disasters can make them inaccessible

9/11 and other terrorist attacks

Hurricanes

Blackouts

Failure to make backups could be grounds for sanctions

Not just onsite but offsite backups critical

Strict Controls Needed for Firm Information Clearly articulated policies about access, saving Encryption at all levels Access Transmission Storage Ensuring logoff, password changing Personal, company-owned portable devices covered Privacy laws require additional processes

Clearly articulated policies about access, saving

Encryption at all levels

Access

Transmission

Storage

Ensuring logoff, password changing

Personal, company-owned portable devices covered

Privacy laws require additional processes

For More Information Please Contact: Professor Jonathan I. Ezor Director, Institute for Business, Law and Technology (IBLT) Touro Law Center 225 Eastview Dr., Central Islip, NY 11722 Tel: 631-761-7119 Fax: 516-977-3001 e. [email_address]

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