Product Details
Lots of speakers warn about the run-of-the-mill ethical concerns with technology, but only a select few understand the deep cuts- the cutting-edge concerns that are shifting the practice of law and causing ethical headaches for sophisticated lawyers. Join Stuart Teicher, the CLE Performer as he helps lawyers navigate the latest and sometimes not-so-greatest issues in technology and attorney ethics.
The Cyborgs are Coming! The Cyborgs are Coming! The ethical concerns with the latest technology disruptions
I. Introduction
A. Lawyers are the target. Ethics duties are increasing
II. Overlapping Ethics Issues, which are broadening
A. Competence (Rule 1.1)
B. Supervision (Rules 5.1 & 5.3)
C. Communication and misrepresentation
D. The duty to periodically review our technological presence
III. The Ethics issues with big data
A. Ethics concerns about the Microsoft/LinkedIn merger
1. Confidentiality issues (Rule 1.6)
2. Potential misrepresentation concerns (4.1)
IV. The Ethics issues with frictionless computing
V. The Ethics Issues with Open Source Software (and we will discuss a few related duties in
the process)
A. Duty of Competence and the definition of Open Source OSS vs. Free; Licenses; Benefits;
B. Why Open Source could be a violation of the ethics rules
C. The Technology Permissibility Factors
The Cyborgs are Coming! Continues
D. The duty to see problems coming
1. California Opinion 2015-193
2. Competence based emerging duty not to get scammed
a) Established in cases like NY Opinion 2015-3
(1) If you fall victim, there are Rule 1.15 Implications
(2) &and also Rule 1.4 Implications
b) Phishing
(1) The problem of establishing a prospective client relationship (Rule 1.18)
(2) Turning in the scammer (Possible Rule 1.6 implications)
c) The Escrow Agent Scam
(1) Rhode Island Disciplinary Case, In the Matter of Donald F. DeCiccio, No. 2013-275-M.P.
3. Advice about avoiding scams
a) If it's scary, be wary
E. Supervision issues
1. Expansion of the duty
a) Rule 5.3 & California Formal Opinion No., 2015-193
2. How the independent contractors we supervise could be used to infiltrate our office systems
a) Watch the back door
3. Remember that we are the back-door targets for bad guys seeking to steal confidential information from our clients (Rule 1.1 and 1.6)
VI. Artificial Intelligence -
A. Ethical issues with speech recognition software:
1. Recordings and Rule 1.6
a) Understanding the rule on confidentiality in detail
b) The difference between use & reveal and how lawyers could be conflicted out in the future- Rule 1.8
2. Supervision and Rule 5.3
3. Who calls the shots
Mandatory MCLE Credit Hours
This seminar qualifies for 2.9 MCLE credit hours, including up to 2.9 LEPR credit hours.
This is an Intermediate Level Program.
Note: When submitting your compliance reports
to the SC Commission on CLE and Specialization, if you completed this in 2021, please use this course code: 211232ADO.
Note: When submitting your compliance reports to the SC
Commission on CLE and Specialization, if you completed this in 2022, please use this course code: 223211ADO.
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The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.
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