Legal Ethics in Digital Practice of Law: Duties of Competence, Candor, Fairness, Supervision, Communications
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide litigators and other counsel through how the digital practice of law affects specific ethical duties and how they can comply with those duties. The program will quickly move beyond technology competence in Model Rule of Professional Responsibility (MR) 1.1, confidentiality (MR 1.6), and data security to address how digital operations impact MR 3.3, 3.4, 4.1, 5.1, 5.2, and 5.4 and the appropriate responses and mitigations.
Outline
- Overview of MR 1.1 regarding technology
- Technology and the duty of candor to the court (MR 3.3)
- Technology and the duty of fairness to others (MR 3.4)
- Technology and the duties of supervision (MR 5.1 and 5.3)
- Protecting Client Confidences (MR 1.6 & 4.4)
- Avoiding Sanctions
- Technology and the professional independence of lawyers (MR 5.4)
Benefits
The panel will review these and other vital issues:
- What is the duty of technology competence?
- What level of understanding is required, and how is it attained?
- What is needed to supervise eDiscovery staff and vendors under MR 5.3?
Faculty
Anthony J. Diana
Partner
Reed Smith
Mr. Diana is a partner in the Emerging Technologies Group and focuses his practice on commercial litigation,... | Read More
Mr. Diana is a partner in the Emerging Technologies Group and focuses his practice on commercial litigation, internal and regulatory investigations, electronic discovery and information governance, and data privacy and security. He is a recognized leader in e-discovery and information governance issues, nationally ranked in this area by Chambers. Anthony has counseled large financial institutions, pharmaceutical companies and manufacturers on all aspects of the discovery and management of electronic information, including: the development of policies and procedures for the preservation, collection, review, and production of electronically stored information; the development of policies and procedures regarding the governance of information within various technologies, including internal and external social media, WiFi, BYOD, among others; the development of data source catalogues, disclosures, and responses relating to electronically stored information; the remediation of large volumes of legacy data (paper and electronic); and the defense of electronic discovery and information governance policies and procedures before federal regulators and the courts. He has been an editor of the Electronic Discovery Deskbook, a treatise published by PLI, since its original publication in 2009. Mr. Diana is a frequent speaker on electronic discovery and information governance issues and has published numerous articles on these topics.
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Kiriaki Tourikis
Attorney
Reed Smith
Ms. Tourikis is an associate in the Tech & Data group, focusing her practice on enterprise data risk management and... | Read More
Ms. Tourikis is an associate in the Tech & Data group, focusing her practice on enterprise data risk management and information governance, data privacy, records and e-discovery. She advises large financial services institutions on enterprise data risk management strategies to manage legal and regulatory issues associated with both traditional and innovative techonologies and data sources.Ms. Tourikis' practice involves advising clients on lowering risk associated with using and storing information across jurisdictions. In her role, she counsels large financial institutions, on all aspects of data risk management and the discovery and management of electronic data, including: data migrations; technology implementation and management; the policies and procedures regarding the governance of information in various technologies; eDiscovery strategy and management; the use of data analytics for eDiscovery, compliance and risk management; the development of data source catalogues, disclosures, and responses relating to electronically stored information; and the remediation of legacy data (both paper and electronic).
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Samantha M. Walsh
Attorney
Reed Smith
Focusing her practice on enterprise data risk management and information governance, data privacy, security,... | Read More
Focusing her practice on enterprise data risk management and information governance, data privacy, security, cybersecurity, records and e-discovery, Ms. Walsh provides support to the Tech & Data group.
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Bradley C. Whitecap
Attorney
Reed Smith
Mr. Whitecap joined Reed Smith’s Records & E-Discovery group shortly after its founding in 2011. Now a senior... | Read More
Mr. Whitecap joined Reed Smith’s Records & E-Discovery group shortly after its founding in 2011. Now a senior member of the team, he has supervised a variety of projects covering a wide range of subjects, including regulatory investigations, product liability litigation, settlement preparation, and records management.
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