Legal Ethics of Electronic Communication Training Class Presented by NBI, Inc.

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Everyday Tips, Risks and Best Practices

Electronic communication is the everyday reality of our personal and professional lives, and its use brings new ethical questions, pitfalls and challenges. Are you protecting yourself and your clients to the greatest extent? Are you storing electronic communications properly? What can and can’t you say in an email and why? What unwanted data can be included in a screenshot? Let our experienced attorney faculty bring you up to speed on protecting confidentiality and guarding privacy in email. Register today!

  • Clarify attorney duties and get the latest case law on lawyer use of electronic communication.
  • Prevent inadvertent disclosure via email attachments.
  • Get simple, practical guidance and tools for ethical compliance in your everyday use of electronic communication.

Agenda

  1. ATTORNEY DUTIES, STATUTES AND CASE LAW REGARDING ELECTRONIC COMMUNICATION
    8:45 – 9:15, Christopher D. Hawkins

    1. Must an Attorney Maintain an Active Email Account?
    2. Duty of Confidentiality
    3. Duty to Warn Client of Potential Breach of Confidentiality
    4. Reasonable Expectation of Privacy
    5. Electronic Communications Privacy Act (ECPA) and United States v. Warshak

  2. SENDING ELECTRONIC COMMUNICATION TO CLIENTS, OPPOSING COUNSEL, THE COURT AND THIRD PARTIES
    9:15 – 10:15, Lynnette V. Macomber

    1. Password Protection
    2. Client Newsletters and Mass Emails
    3. Addressing the Message: Autofilling, CC, BCC, Reply All
    4. “Delay Send” Option
    5. Subject Line, Attachments and Screenshots
    6. Enforceability of Legal Disclaimers (In-Text Waiver Language)
    7. Access to Emails of Former Firm Associates/Partners (PA Opinion 2013-4)
    8. Client Contact via Employer-Sponsored Email
    9. Sharing Practice Tips via Email Listservs
    10. Email Discovery – Is it Protected under 4th Amendment?
    11. Risks in Using Your Smartphone to Text and Email Clients

  3. INADVERTENT DISCLOSURE
    10:30 – 11:00, Christopher D. Hawkins

    1. Does Inadvertent Disclosure Constitute a Waiver?
    2. Metadata: What, Where, and What to Do to Prevent or Retract Accidental Disclosure
    3. What Constitutes “Prompt Notification”?
    4. Other Inadvertent Disclosure Risks

  4. DATA SECURITY AND CLOUD STORAGE – DOES THE ELECTRONIC COMMUNICATION YOU DELETE REALLY DISAPPEAR?
    11:00 – 11:30, Lynnette V. Macomber

    1. How Long do Electronic Communication Stay on Provider Servers?
    2. Are they Encrypted? Who has Access to Them?
    3. Are they Discoverable?
    4. Using Services that Default to Storing Emails and Other Data in the Cloud
    5. How to Retain Emails Important to the Case

  5. RISK MANAGEMENT CONSIDERATIONS
    11:30 – 12:00, Christopher D. Hawkins

    1. Spoliation and Client File Retention
    2. Responding to Internet/Website Inquiries
    3. How Much Information Should You Request and Provide?

This basic-to-intermediate level seminar is designed for attorneys looking to protect their ethical reputation and minimize risks when using electronic communication. It will also benefit paralegals.

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