Legal Ethics in Digital Practice of Law: Duties of Competence, Candor, Fairness, Supervision, Communications

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Ethics
- event Date
Thursday, December 8, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.
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.
Faculty

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).

Mr. Diana is a litigation partner in the firm’s Records & E-Discovery and IP, Information & Innovation Groups. He focuses his practice on commercial litigation, internal and regulatory investigations, e-discovery and information governance, and data privacy and security. He has counseled clients on policies and procedures designed to protect sensitive information and comply with various laws and regulations throughout the world.

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.

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.
Description
The legal ethics requirement of competence in "relevant technology" goes beyond securing email, cloud computing, and avoiding unsecured wi-fi.
Since most discovery is e-discovery, making accurate representations about evidence and the case to the client, opposing counsel (MR 3.4), or the court (MR 3.3) requires knowledge of ESI types, sources, and production format. Counsel must also grasp the significance of proportionality factors like data volume, cost, and burden of production. These duties are front and center in discovery conferences, requests, and related motions.
Attorneys directing others' work must comply with MR 5.1 and 5.3 to ensure reasonable processes are in place and that all lawyers and staff comply with their legal ethics duties. Failure in this area can result in inadequate discovery, inefficiencies, client dissatisfaction, and sanctions.
Listen as our experienced panel explores how candor, fairness, and supervision duties intersect with technology competence compliance. The panel will explain how technology impacts lawyers' ethical duties and offer strategies for compliance.
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?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Ethics in Estate Planning, Probate, and Trust Administration
Available On-Demand

Anti-Burnout Strategies for Partners and Managing Attorneys
Available On-Demand

The Power of Connection and Wellness: Managing Mental Health as an Attorney
Available On-Demand

Seven Challenges and Solutions: Stress Management and Mindfulness for Lawyers
Available On-Demand
Recommended Resources
Navigating Modern Legal Challenges: A Comprehensive Guide
- Business & Professional Skills
- Career Advancement
Beyond Law School: Tackling the Realities of Modern Legal Practice
- Learning & Development
- Business & Professional Skills
- Career Advancement