Celesq® Programs

In the Spotlight: Effective Strategies to Avoid Ethics Violations When Practicing Virtually

Active
Program Number
3176
Program Date
2021-04-07

The good old days when we worked in person, used real documents, and appeared in person for depositions, meetings and court are in the past. The recent changes due to Covid-19 and the necessity of working remotely have further revolutionized the legal profession. Technology makes it easier to generate documents and electronic communications, increased the use of remote operations, and enabled us to participate in legal proceedings from a personal device rather than in person. Due to recent events, the legal profession has been forced to pivot to rely on remote proceedings. Whether we are attending meetings, conducting depositions, interviewing witnesses, arguing before judicial officers or mediating a dispute, we are likely doing it over a virtual platform. Even after we resume primarily in person practice, the cost savings and ease of practicing remotely will likely keep these processes in place. In this program, we will discuss effective ways to handle online practice without running afoul of the ethical rules or committing malpractice.

Learning Objectives (what attorneys can expect to learn from the program):

Using the ABA Model Rules of Professional Conduct and other guidelines, attendees will learn what lawyers need to know about:

           The changing status of court and ethical rules on practicing law virtually

           The benefits and burdens of virtual proceedings

           The duty to remain competent; how to be prepared for the challenges of constantly evolving law, technology and legal issues ABA Model Rule 1.1

           The duty to keep your client informed and to communicate promptly with others ABA Model Rule 1.4

           How to maintain a professional presentation for yourself and your setting ABA Model Rule

           The duty to preserve confidentiality and privilege in remote and shared work environments ABA Model Rule 1.6

           How to prepare for depositions including handling questions, objections and exhibits ABA Model Rule 3.4

           How to expedite litigation and be fair to opponents ABA Model Rules 3.2 and 3.4

           How to be an effective oral advocate when “appearing” before judicial officer for motions, trials, hearings and arbitration

           The proven strategies for handling settlement and mediation

           How to avoid some common mistakes that cause embarrassment or worse, such as unauthorized practice of law ABA Model Rule 5.5

           The obligations of senior lawyers to supervise junior lawyers and professional staff when working remotely and the obligations of junior lawyers ABA Model Rules 5.1. 5.2, 5.3

           The duty of diligence; making sure clients and witnesses are prepared for the setting and remote proceedings ABA Model Rule 1.3

           Other top ethical challenges facing lawyers when multiple jurisdictions are involved

Available in States

  • California
  • Colorado
  • Florida
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

  • Asset Protection
  • Complex Litigation
  • Computer, Internet & E-Commerce Law
  • Ethics & Professionalism
  • Federal Courts
  • Florida Eligible
  • Information Technology
  • Litigation & Litigation Skills
  • Litigation and Appeals
  • Trial Skills