FedSoc Forums A CLE Webinar - Some Recent (and Ongoing) Developments in Legal Ethics
Jun 29, 2021
59:37
In this CLE Webinar, Judge Jennifer M. Perkins of the Arizona Court of Appeals and Professor Emeritus of Law William Hodes will discuss the following three areas of lawyer professional responsibility.
* The American Bar Association adopted Model Rule 8.4(g) in August 2016 to provide enforceable regulations against discrimination and harassment by lawyers on the basis of sex, race, and several other characteristics. But the Rule has proven to be controversial, and even five years later the controversy seems to be increasing rather than fading from view.
* Wide adoption of computer-based and online technology has dramatically affected the practice of law, beginning well before the dawn of this century. Ramifications for legal ethics include responding to online criticism by clients or opposing parties, working remotely outside the state of licensure, preventing and dealing with data breaches involving confidential client information, maintaining competency to practice law beyond knowledge of legal doctrine and familiarity with procedural requirements, using artificial intelligence to conduct judge-specific legal research, and avoiding ex parte or other improper communications through interactions on social media.
* Model Rule 1.2(d) and its predecessors have always prohibited lawyers from knowingly assisting clients in carrying out fraudulent or criminal schemes. But how does a lawyer know when a client is up to no good? In suspicious circumstances, is there an unavoidable tension among client loyalty, client service, self-protection., and good citizenship? An uncomfortable "client audit" can become necessary, in litigation and non-litigation matters.
Featuring:
-- William Hodes, Owner and President, The William Hodes Law Firm
-- Judge Jennifer M. Perkins, Arizona Court of Appeals, Division One
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
* The American Bar Association adopted Model Rule 8.4(g) in August 2016 to provide enforceable regulations against discrimination and harassment by lawyers on the basis of sex, race, and several other characteristics. But the Rule has proven to be controversial, and even five years later the controversy seems to be increasing rather than fading from view.
* Wide adoption of computer-based and online technology has dramatically affected the practice of law, beginning well before the dawn of this century. Ramifications for legal ethics include responding to online criticism by clients or opposing parties, working remotely outside the state of licensure, preventing and dealing with data breaches involving confidential client information, maintaining competency to practice law beyond knowledge of legal doctrine and familiarity with procedural requirements, using artificial intelligence to conduct judge-specific legal research, and avoiding ex parte or other improper communications through interactions on social media.
* Model Rule 1.2(d) and its predecessors have always prohibited lawyers from knowingly assisting clients in carrying out fraudulent or criminal schemes. But how does a lawyer know when a client is up to no good? In suspicious circumstances, is there an unavoidable tension among client loyalty, client service, self-protection., and good citizenship? An uncomfortable "client audit" can become necessary, in litigation and non-litigation matters.
Featuring:
-- William Hodes, Owner and President, The William Hodes Law Firm
-- Judge Jennifer M. Perkins, Arizona Court of Appeals, Division One
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.