Ezor spoke on “Managing the Risks of Technology in Practice: Avoiding Technical and Ethical Issues.” Here are highlights from his talk:

  • Lawyers must always remember that networking and connectivity open many “holes” in firm walls. “The internet’s architecture puts many parties between sender and recipient,” and there’s an ever-present possibility of mis-addressed e-mails and wrong files being attached. (“Who hasn’t done either?”, he asked the audience. No one raised a hand.) 

    This can raise serious confidentiality issues, cautioned Ezor. Be sure, he advised, to have outside vendors — including ISPs, consultants, and service providers — sign non-disclosure agreements to protect privilege in the event of accidental breaches.

  • While encryption is ideal, and should be used whenever feasible, it is not required by the American Bar Association’s ethics rules (Formal Opinion No. 99-413).
  • Consider whether you are vulnerable to claims of unauthorized practice of law because of material on your website that may be viewed in jurisdictions where you are not admitted. Use disclaimers. These issues may be confronted by in-house counsel as well.
  • Be careful about failing to close online security holes, especially if you bring servers in house. This is not a good opportunity for D.I.Y. learning —bring in the consultants. Don’t end up inadvertantly hosting pornography — which has happened to law firms and lawyers.

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