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Cybersecurity and Ethics for Lawyers in Plain English / APR 2022
Using Technology to Avoid Malpractice and Practice Ethically
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After you purchase this material it will be downloaded to your ICLEF Online Account. After logging in to your ICLEF Online Account simply click on the "My Account" tab to access the materials. Note: All ICLEF Publications are protected under © copyright laws of the United States and may not be disseminated, by or through any means, without prior written approval of the Indiana Continuing Legal Education Forum (ICLEF), 230 East Ohio Street, Suite 300, Indianapolis, Indiana 46204 // ph: (317) 637-9102 // fax: (317) 633-8780 // e-mail: iclef@iclef.org ___________________________________________________________________________________________________ICLEF PASS+ HOLDERS please note you were previously sent the complimentary download link to the "ICLEF e-Publications and Forms" library with your initial purchase of the ICLEF Pass+. Please click here: email ICLEF should you wish to have the download links sent to you once again. AGENDA
8:55 A.M. Welcome & Introduction
9:00 A.M. Cybersecurity & Ethical Pitfalls of Everyday Law Office Computing Practicing anywhere at any time is no longer just a dream for lawyers, it’s a reality. Under Model Rule 1.6 lawyers must take reasonable precautions to protect client info and data that is in their custody. We will discuss the ethical and malpractice pitfalls of mobile, cloud, and general everyday law office computing. We will learn about cloud storage options and address how to safely store documents and client and law firm data with cloud storage options like Dropbox, Box & OneDrive. We will finally discuss security vulnerabilities related to documents, emails and metadata associated with those files. We will also discuss how to properly delete client data, assign passwords, and dispose of computer equipment while protecting client privacy. (Model Rule 1.1, Rule 1.6, Rule 5.3)
10:30 A.M. Coffee break
10:45 A.M. Cybersecurity & Ethical Pitfalls of Everyday Law Office Computing (continued)
12:15 P.M. Lunch (on your own)
1:15 P.M. Centralizing and Securing Your Documents Rule 1.6 stipulates that a lawyer must make reasonable efforts to prevent the disclosure of confidential client information. The comments to Rule 1.6 require lawyers to act competently to safeguard client information and use reasonable safety precautions when transmitting a client communication. The exact meanings of "reasonable efforts," "act competently" and "reasonable precautions" may be subject to debate. However, doing nothing certainly won't meet the standard. The good news is that you don't have to be a security expert or techie to protect yourself and your office. Learn how to centralize your firm and client data so you can properly govern and secure everything. Whether you access documents from a computer, laptop, or a mobile device, we’ll cover all the bases on how to do it safely and securely. We'll also cover the fundamentals of backing up your electronic data. Half of the battle is simply knowing what questions to ask and it's not nearly as complicated as it sounds. Establish best practices in your office that will make sure your confidential information remains confidential. (Model Rule 1.1, Rule 1.15, Rule 1.4, Rule 1.6)
2:45 P.M. Break
3:00 P.M. Creating Your Firm’s Cybersecurity & Disaster Avoidance Policy Written Information Security Programs (WISPs) are becoming essential in many states that have enacted data protection and business shield legislation. Many cybersecurity insurance carriers covering lawyers are starting to require WISPs. Setting aside legislative and insurance requirements, under the Rules of Professional Conduct, lawyers still must implement safe technologies and processes to safeguard client confidential data. This is a very practical session where you will learn the essential elements of a Written Information Security Program. In this session, we will cover ransomware attacks, phishing schemes, cloud computing, mobile device management, full disk encryption, secure document management, shadow-IT, two-factor authentication, password management, VPNs, anti-virus, backup, and law office support staff education (Model Rule 1.1, Rule 1.15, Rule 5.3) 4:30 P.M. Adjournment
Corresponding Model Rules of Professional Conduct to Be Discussed Throughout the Program
- 1.1 Competence
- 1.4 Communication
- 1.6 Confidentiality
- 1.15 Safekeeping of Property
- 5.3 Responsibilities of Non-Lawyer Assistants
Our Speaker - Paul J. Unger, Esq is a nationally recognized speaker, author and thought-leader in the legal technology industry. He is an attorney and founding principal of Affinity Consulting Group, a nationwide consulting company providing legal technology consulting, continuing legal education, and training. He is a member of the American Bar Association, Columbus Bar Association, Ohio State Bar Association, Ohio Association for Justice, and New York State Bar Association. He provides training for law firms, CLE organizations, and legal departments throughout the United States, Canada, and Australia.
To receive CLE credit for an ICLEF On-Demand or a LIVE WEBCAST seminar, you must watch the program in its entirety. ICLEF is unable to award partial CLE credit for viewing ICLEF On-Demand or LIVE WEBCAST seminars. You will have 30 days from the date-of-purchase to complete your ICLEF distance learning seminar. If you are unable to complete the LIVE WEBCAST seminar on the scheduled date of the seminar, ICLEF will place a copy of the ON DEMAND version of the program in your ICLEF Online Account three (3) to five (5) business days after the LIVE WEBCAST concludes. Please call or email ICLEF should you have further questions (317) 637-9102 or iclef@iclef.org
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