Got ethics? This program will explore ethical issues in the Cyber Age from a transactional lawyer's perspective. Using the ABA's Model Rules of Professional Conduct and recent legal ethics opinions as guides, we'll consider sticky situations that often arise in the course of negotiating and drafting contracts.
Not included in IICLE® Online All-Access subscription.
Credits: 0 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 1 Other PR
(1.0 Professional Responsibility credit)
Got ethics? This program will explore ethical issues in the Cyber Age from a transactional lawyer's perspective. Using the ABA's Model Rules of Professional Conduct and recent legal ethics opinions as guides, we'll consider sticky situations that often arise in the course of negotiating and drafting contracts, like these:
- What is required for "competent" representation?
- What amounts to “reasonable efforts” to protect client data in an era where hacking is considered a “when” and not an “if”?
- What is “Cloud Computing,” and is it ethical?
- Is a service like Amazon Web Service immune from hacking?
- Is a lawyer required to notify clients when a hack occurs?
- What is a lawyer’s responsibility for client property when a disaster occurs?
The following ABA Model Rules of Professional Conduct are discussed: 1.1; 1.4; 1.6; 1.15; 1.16; 5.1; and 5.3.
Lenné Eidson Espenschied, Next Level Contracts, Saint Simons Island, Georgia
Lenné Eidson Espenschied practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 2010) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at Sutherland, Asbill & Brennan; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. Ms. Espenschied has taught commercial law, contracts, and contract drafting at Charlotte School of Law and at the University of Georgia. She is a frequent speaker at continuing legal education seminars and provides private training at law firms and corporate legal departments. Her passion is helping younger lawyers acquire the skills they need to be successful in transactional practice.