What will be covered?

I. Introduction: ABA and State Opinions

II. Virtual Practice: Commonly Implicated Model Rules

1. Competence, Diligence, and Communication

2. Confidentiality

3. Supervision 

III. Particular Virtual Practice Technologies and Considerations

1. Hard/Software Systems

2. Accessing Client Files and Data

3. Virtual meeting platforms and videoconferencing

4. Virtual Document and Data Exchange Platforms

5. Smart Speakers, Virtual Assistants, and Other Listening-Enabled Devices

6. Supervision

a. Subordinates/Assistants

b. Vendors and Other Assistance

7. Possible Limitations of Virtual Practice

IV. Conclusion

The ABA Model Rules of Professional Conduct permit lawyers to conduct practice virtually, but those doing so must fully consider and comply with their applicable ethical responsibilities, including technological competence, diligence, communication, confidentiality, and supervision."

What Will You Learn?

  • What ethical rules are applicable during this digital age of surveillance?

  • What is the "standard" for maintenance of confidentiality around email, virtual applications and platforms that are used in your practice?

  • What are the ethical considerations when reviewing the "terms and conditions" of virtual digital applications?

  • Where do we go from here?