Technology in Practice: Keeping an Eye on Lawyers' Ethical Obligations

Abstract

This article appeared in the Practicing Law Institute Securities Arbitration 2018 Program's written materials.

The use of technology in the legal profession is ubiquitous, expanding and ever changing. Lawyers connect with their clients, co-workers and others through email. Cloud computing has allowed lawyers to create virtual and mobile workspaces, providing them with accessibility to client files and resources anywhere in the world. Social media allows lawyers to showcase their expertise and build their practice. Technology has undoubtedly impacted how lawyers provide legal services to their clients. However, as lawyers, we remain subject to long-standing professional and ethical obligations that govern our practice. This article will explore how commonly used technology in legal practice implicates these ethical obligations, in particular, the duties of competence and confidentiality, and provides best suggested best practices to navigate these challenges.

Keywords: securities arbitration, ethical obligations, technology, professional responsibility, social media, hacking, phishing, cloud computing, duty of confidentiality, technological competence