Keeping up with Ethics: Applying Old Ethics Rules to New Technology

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Stay ahead of the curve by embracing the latest trends in legal ethics and be prepared to implement best practices to ensure full compliance. Utilizing two recent ABA Formal Ethics Opinions as our guide, we will delve into how traditional rules intersect with new technology and explore the practical effect on your day-to-day practice. By keeping current with the latest trends in legal ethics, you can both maintain the utmost professionalism in your practice and deliver maximum value to your clients. We will cover: 

• ABA Formal Opinion 511 (client confidentiality when posting to Listservs®)

• ABA Formal Opinion 512 (the use of generative AI tools in your practice)

• The applicable ABA Model Rules 

The ramifications of these opinions and their application of new trends to “old” rules*Practical tips for implementing the updates and changes set out in these opinions to remain compliant and benefit your clients

Learning Objectives:

1. Keep abreast of the latest developments in legal ethics and technology;

2. Equip yourself with the knowledge and tools needed to remain ethical and to thrive in today's legal landscape;

3. Identify the ethics issues raised when new technology is superimposed on the way we practice law; and

4. Gain insight into a plan that you can implement in your own practice to embrace these changes and remain compliant with the ethics rules.

ABA Model Rules covered (at a minimum)

• Competence: ABA Model Rule 1.1; including Comment 8 regarding competence in technology used in your practice

• Diligence: ABA Model Rule 1.3

• Client Communication: ABA Model Rule 1.4

• A Reasonable Fee: ABA Model Rule 1.5

• Confidentiality: ABA Model Rule 1.6 (current client) (including Rule 1.9(c) (former client) and Rule 1.18(b) (prospective client)

• Meritorious Claims and Contentions: ABA Model Rule 3.1

• Expediting Litigation: ABA Model Rule 3.2

• Candor Towards the Tribunal: ABA Model Rule 3.3

• Fairness to Opposing Party and Counsel: Rule 3.4

• Respect for Rights of Third Persons: Rule 4.4

• Duties to Supervise (non lawyers and lawyers): Rules 5.1 and 5.3

ABA Ethics Opinions covered (at a minimum, there are internal cites to older opinions within these that may warrant discussion)

• ABA Formal Opinion 511: 

• Confidentiality Obligations of Lawyers Posting to Listservs®; Issued May 8, 2024

• ABA Formal Opinion 512: 

• Generative Artificial Intelligence Tools; Issued July 29, 2024

 

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