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Legal Ethics in the Digital Age  

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This basic-to-intermediate level seminar will provide attorneys with tools to maintain an ethical legal practice in the digital world.

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Seminar Summary:

Are you up to date on old and new ways one can expose privileged information for all the world to see? Let our expert faculty bring you up-to-speed on data breach prevention, ethical e-discovery practices and client confidentiality protection. (see full course description)

 

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Training Course Syllabus:


Protecting Electronic Data and Controlling Risk

The ever-growing volume of electronic data we all must handle daily brings with it new ethical pitfalls and challenges. Are you up to date on old and new ways one can expose privileged information for all the world to see? Let our expert faculty bring you up-to-speed on data breach prevention, ethical e-discovery practices and client confidentiality protection. Uphold your ethical reputation in the digital communication storm – register today!

  • Find out how wireless communications can be intercepted and what to do to protect against it.
  • Explore the metadata available in e-mail attachments and other forms of digital data and learn how to handle it ethically.
  • Project the right image with an ethical approach to online advertising.
  • Maintain your professional integrity when participating in chat rooms and listservs.
  • Find out how file sharing and distant access can threaten data security and what to do to mitigate the risk.
  • Explore the legal remedies available for e-discovery abuse by “Rambo” litigators.
  • Recognize your ethical obligations when the opponent's “smoking gun” metadata accidentally falls into your lap, attached to an e-mail.


  1. Data Mining and E-Data Stonewalling in Electronic Discovery
    8:45 - 9:30 and 1:00 - 1:45, Patricia A. Sullivan
    1. Search, Preservation and Disclosure Obligations
    2. New Responsibilities Under the New Federal Rules and to the Bar
    3. “Sneak Peeks” and “Clawback” Agreements
    4. Metadata “Scrubbing”
    5. "Rambo" Tactics and Judicial Sanctions: How the Courts Punish Modern Day Offenders
    6. Referral to Bar Associations
    7. Which Trumps: The Duty of Fairness or the Duty to Represent the Client Zealously?
    8. Know When to Refer the Case to Experts or Other Counsel
  2. Ethical Traps in the Use of E-Mail
    9:30 - 10:15 and 1:45 - 2:30, Howard E. Walker
    1. When is There a Presumption of Confidentiality in Electronic Communication?
    2. How Secure are Your Hotmail, Yahoo or Gmail E-Mails?
    3. Disclaimers: Can They do More Harm Than Good?
    4. “Scrubbing” Programs: Are They Ethically Required?
    5. What to do if You Inadvertently Disclose Confidential ESI to Your Adversary
    6. What to do When Your Adversary Discloses Confidential ESI to You
  3. Protecting Your Clients' Confidences
    10:30 - 11:15 and 2:45 - 3:30, Howard E. Walker
    1. Laptops and Your Office Network: Protecting Unauthorized Access
    2. How Safe are Cell Phones and Wireless Communications
    3. Storing and Transferring Sensitive ESI via Mobile Electronic Devices
  4. Lawyer Advertising Online
    11:15 - 12:00 and 3:30 - 4:15, Patricia A. Sullivan
    1. Ethical Framework for Attorney Advertising
    2. Law Firm Domain Names and Websites
    3. Attorney Participation in Chat Rooms, Blogs and Listservs
    4. Application of the Rules to the Ever-Expanding Possibilities of Adware, Spyware and SPAM

Seminar Summary:

Are you up to date on old and new ways one can expose privileged information for all the world to see? Let our expert faculty bring you up-to-speed on data breach prevention, ethical e-discovery practices and client confidentiality protection. (see full course description)

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