Total Credits: 4.0 (Professional Practice 2.0, Ethics 2.0)
Burton N. Lipshie, Esq., Stroock & Stroock & Lavan LLP, New York.
Committee on Professional Discipline
Richard M. Maltz, Esq., Frankfurt Kurnit Klein & Selz PC, New York
Martin Minkowitz, Esq., Stroock & Stroock & Lavan LLP, New York
Loose Lips and Emailing Lawyers: The Ethics of Protecting Client Confidences
This program will focus on rapidly emerging and evolving issues of attorney-client confidentiality with a special focus on internet and e-mail security. The panel will address cutting-edge issues related to: the ethical duty of lawyers and law firms to maintain technological competence; the ethical duty of lawyers and law firms to undertake reasonable efforts to protect electronically stored client confidential information, including with respect to border searches incident to traveling with mobile devices and when working with third-party technology vendors; the permissibility of transferring confidential information over the Internet and by unencrypted e-mail, of giving firm lawyers remote access to the firm’s electronic files, and of using cloud storage for client confidential information; the possible duty of lawyers and law firms to advise clients of potential or actual breaches of cyber security; State security-breach notification laws; the waiver of privilege by employees resulting from the use of an employer’s computer system for personal confidential communications; the ability of lawyers to breach confidentiality in the face of client and/or third-party criticism on the internet based upon the “self-defense” provision of Rule 1.6; and risks to confidentiality based upon clients’ and lawyers’ use of social media. Discussion of the status of the NYS Lawyers’ Fund for Client Protection.
Hon. Karen K. Peters, Former Presiding Justice, Appellate Division, Third Department, Albany
Timothy J. O’Sullivan, Esq., New York State Lawyers’ Fund for Client Protection, Albany
William K. Rashbaum, The New York Times, New York
Michael Ross, Esq., Law Offices of Michael S. Ross, New York
Jonathan Stribling-Uss, Esq., Constitutional Communications, New York