AMERICAN BAR ASSOCIATION: STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY

Comment [8] to Model Rule 1.1 explains, "To maintain the requisite knowledge and skill [to be competent], a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and compl...

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Published in:Commercial Law World 2021-01, Vol.35 (1), p.22-27
Format: Article
Language:English
Subjects:
Anti-virus software
Attorneys
Communication
Compliance
Confidentiality
Data integrity
Disclosure
Ethics
Internet access
Law firms
Malware
Privacy
Software upgrading
Supervision
Video teleconferencing
Virtual private networks
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Summary:Comment [8] to Model Rule 1.1 explains, "To maintain the requisite knowledge and skill [to be competent], a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject." "7 The following non-exhaustive list of factors may guide the lawyer's determination of reasonable efforts to safeguard confidential information: "the sensitivity of the information, the likelihood of disclosure if additional safeguards are not employed, the cost of employing additional safeguards, the difficulty of implementing the safeguards, and the extent to which the safeguards adversely affect the lawyer's ability to represent clients (e.g., by making a device or important piece of software excessively difficult to use). "14 Moreover, a lawyer must "act competently to safeguard information relating to the representation of a client against unauthorized access by third parties and against inadvertent or unauthorized disclosure by the lawyer or other persons who are participating in the representation of the client or who are subject to the lawyer's supervision.15 The duty to supervise nonlawyers extends to those both within and outside of the law firm.16 B. Particular Virtual Practice Technologies and Considerations Guided by the rules highlighted above, lawyers practicing virtually need to assess whether their technology, other assistance, and work environment are consistent with their ethical obligations. [...]as technology inevitably evolves, lawyers should periodically assess whether their existing systems are adequate to protect confidential information. 2.
ISSN:0888-8000