Audio CD + Course Book
Legal Ethics of Email
|Audio CD + Course Book||
Email is the everyday reality of our personal and professional lives, and its use brings new ethical questions, pitfalls and challenges. Are you protecting yourself and your clients to the greatest extent? Are you storing emails properly? What can and can't you say in an email and why? What unwanted data can be included in a screenshot? Let this incisive legal guide bring you up to speed on protecting confidentiality and guarding privacy in email. Order today!
- Attorney Duties, Statutes and Case Law Regarding Email
- Sending Emails to Clients, Opposing Counsel, the Court and Third Parties
- Inadvertent Disclosure
- Data Security and Cloud Storage - Does the Email You Delete Really Disappear?
- Creation and Termination of Attorney-Client Relationship
Continuing Education Credit
Continuing Legal EducationCredit Hrs State Credit Approval Expiration
|CLE 3.00||CA *||12/19/2019|
|CLE 3.00||HI *||12/19/2019|
* denotes specialty credits
Agenda / Content Covered
- ATTORNEY DUTIES, STATUTES AND CASE LAW REGARDING EMAIL
8:45 - 9:30 and 1:00 - 1:45, Carole R. Richelieu
- Must an Attorney Maintain an Active Email Account?
- Duty of Confidentiality
- Duty to Warn Client of Potential Breach of Confidentiality
- Reasonable Expectation of Privacy
- SENDING EMAILS TO CLIENTS, OPPOSING COUNSEL, THE COURT AND THIRD PARTIES
9:30 - 10:00 and 1:45 - 2:15, Mei-Fei Kuo
- Password Protection
- Client Newsletters and Mass Emails
- Addressing the Message: Autofilling, CC, BCC, Reply All
- "Delay Send" Option
- Subject Line, Attachments and Screenshots
- Enforceability of Legal Disclaimers (In-Text Waiver Language)
- Access to Emails of Former Firm Associates/Partners (PA Opinion 2013-4)
- Client Contact via Employer-Sponsored Email
- Sharing Practice Tips via Email Listservs
- Email Discovery - Is it Protected under 4th Amendment?
- Risks in Using Your Smartphone to Text and Email Clients
- INADVERTENT DISCLOSURE
10:15 - 10:45 and 2:30 - 3:00, Carole R. Richelieu
- DATA SECURITY AND CLOUD STORAGE - DOES THE EMAIL YOU DELETE REALLY DISAPPEAR?
10:45 - 11:30 and 3:00 - 3:45, Carole R. Richelieu
- How Long do Emails Stay on Provider Servers?
- Are they Encrypted? Who has Access to Them?
- Are they Discoverable?
- Using Services that Default to Storing Emails and Other Data in the Cloud
- How to Retain Emails Important to the Case
- CREATION AND TERMINATION OF ATTORNEY-CLIENT RELATIONSHIP
11:30 - 12:00 and 3:45 - 4:15, Mei-Fei Kuo
- When is Attorney-Client Relationship Created?
- Responding to Internet/Website Inquiries
- How Much Information Should You Request and Provide?
MEI-FEI KUO is the assistant general counsel for Carlsmith Ball LLP. She advises and trains the lawyers on legal ethics, loss prevention, and risk management, including client representation and conflict of interest issues. Ms. Kuo concentrates her practice in environmental law, general commercial litigation, and corporate and real estate law. Prior to joining the firm, Ms. Kuo was corporate counsel for Aloha Petroleum Ltd., and an attorney with the U.S. Department of Justice in Washington D.C., working in the Environmental Torts Section where she defended the United States in toxic tort actions related to claims of hazardous and solid waste contamination. She is a board of director for the Hawaii State Bar Association and the president of the Hawaii Chapter of the National Asian Pacific American Bar Association. Ms. Kuo was selected for the “Forty Under 40” Class of 2012 by Pacific Business News and as a fellow for the Hawaii State Bar Association’s Leadership Institute. She also served as a judicial law clerk for now retired Associate Justice Simeon R. Acoba of the Hawaii Supreme Court. Ms. Kuo received both her B.A. degree, magna cum laude, and her J.D. degree, cum laude, from the University of Hawaii.
CAROLE R. RICHELIEU is an attorney and the former and longest serving chief disciplinary counsel of Hawaii's Office of Disciplinary Counsel and former fund administrator for the Lawyers' Fund for Client Protection. Ms. Richelieu currently serves with the State Department of Commerce and Consumer Affairs, and is a former per diem hearings officer for the State Departments of Labor and Land and Natural Resources, as well as a legal ethics expert, consultant, and instructor. She has made numerous presentations on legal ethics, client protection, practice management, and professionalism, as well as written many articles and contributed to numerous manuals. Ms. Richelieu has served as a Supreme Court appointee to the Chief Justice's National Action Plan (producing the first one in the nation), the Committee to Review the Code of Judicial Conduct, the Committee on the Certification of Legal Specialists, the Committee on Unbundling Legal Services/Unauthorized Practice of Law, and continues to serve on the Board of Examiners in various capacities and the Commission on Professionalism. She is a fellow of the American Bar Foundation, and a member of the American Bar Association Center for Professional Responsibility, American Bar Association, and the Hawaii State Bar Association (on which she served many committees and is the president for the Senior Counsel Division for the second time.).
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Continuing Legal Education