2013: A MySpace Odyssey: The Ethics of Social Media
Social Networking is all the rage and attorneys are participating in record numbers. But our activities in Social Networking have both professional and ethical repercussions. In this program, the “CLE Performer,” Stuart Teicher, reveals the pitfalls associated with social media and provides us with solid direction to avoid getting into trouble.
8:30 a.m. Registration
8:50 a.m. Welcome & Opening Remarks
9:00 a.m. Dare We Say it’s a Good Thing? How our involvement in social media advances the direction of the ethics rules and the spirit of Professionalism in the practice
· Cultivating Knowledge of the Law, Furthering the public’s understanding of, and confidence in the rule of law.
· Why the ethics rules demand that we understand social media: Rules 1.1, 1.3, 5.1, 5.3
9:30 a.m. Can this make you a better lawyer? Social media’s effect on Competence, Rule 1.1
· Obtaining the requisite “knowledge and skill” through our interaction in social media
· Maintaining Competence- keeping abreast of changes in the law and practice—How
Twitter can help.
· “Thoroughness” redefined: Rule 1.3 - “Checking the Chatter” as a prerequisite to
being properly “thorough.”
10:00 a.m. Confidentiality and Privilege Issues
· Who else is watching/reading? Rule 1.6
· Who else is speaking? 1.6 and your staff; War stories in blogs and the obligation to
prior clients. Rule 1.9
· The information revealed by geo-tagging and location applications
10:30 a.m. Break
10:45 a.m. I’m doing WHAT?: Some hidden dangers that lurk beneath the surface…
· Complications to the lawyer/client relationship - The dilemmas in “answering a
question” on LinkedIn Rule 5.5 - Are we still just “Friends”, or is it now something more?
· Transporting knowledge across state lines: Potentially practicing outside of your
jurisdiction, Rule 5.5(a)
· Unwittingly assisting a lay person in the unauthorized practice of law, Rule 5.5(b)
· The 7 Not-So-Deadly Sins of Rule 7: Discussing the problems with advertising,
solicitation: Rules 7.1 – 7.3
· What we do outside the office matters—Rule 8.4, Misconduct
11:15 a.m. The Slow Trip Down the Rabbit Hole: Understanding the Progressive Nature of Substance Abuse
A discussion about substance abuse which addresses the progressive nature of the problem and how it is very much a disease, as opposed to a lack of willpower.
12:15 p.m. Lunch (on your own)
The Fear Factor: How Good Lawyers Get Into Bad Ethical Trouble
The scariest stories are those tales where responsible lawyers who care about acting in an appropriate manner get into disciplinary trouble. In this program, we learn about the common missteps that are made by otherwise responsible attorneys. After hearing this program you’ll embark upon your career as a safer, stronger lawyer.
1:00 p.m. Registration
1:30 p.m. Rules of Professional Conduct and Dealing with Tough Situations
· The professional way to deal with difficult people in the law: Judges, co-counsel, etc.
· Your professional duties when difficult people cross the line: A lawyer's duty to report
professional misconduct, Rule 8.3
· Responsibilities of a Subordinate Lawyer—what if you’re told to do something that
sounds unethical? Rule 5.2
The dicey world of misrepresentation- Rules 4.1, 3.3, 8.1, 7.1 & 8.4
· Hot Topic- The professionalism concerns regarding “deceit.” When does it violate the duties of fairness and integrity?
· What we can learn about this question from the cases, In re Apple, In re Gatti and an opinion issued by the Philadelphia Committee on Professionalism
· Professionalism issues that are the foundation of conflicts: Loyalty and Confidentiality.
· Discussion of the relevant elements in, “A Lawyer’s Aspirational Ideals.”
· Demystifying how the conflict rules actually work and how they all fit together
· Rules 1.7, 1.8, 1.9 and 1.13
2:45 p.m. Break
3:00 p.m. Keeping an eye on others-- Supervision issues
· A lawyer's duty regarding associates : Rule 5.1
· The ever expanding duty regarding nonlawyer assistants: Rule 5.3
· Issues with “independent contractors,” contract attorneys and technology vendors
The Really Bad Stuff-- Sex, Drugs and Money
· Watching that your client relationships stay on appropriate levels: Rule 1.8(j)
· Money issues-- a rule 1.15 refresher and a discussion about retainers vs. “earned”
· Bar Admission and Disciplinary Matters-- A lawyer's duty to respond to client
complaints; the problems of procrastination, distraction and neglect and their impact on rules 1.1, 1.3 and 1.4
3:45 p.m. Seven Secrets to Survive the Struggle with Sanity: Critical Mental Health Direction for Getting By in the Practice
The prescription for sound lawyer mental health might be summed up as, “long term success in our career and an enduring sense of satisfaction in our lives.” Of course there are a host of pitfalls that prevent us from reaching those goals. What most lawyer’s don’t know, however, is that the answers lie in the rules of professional conduct. The code provides significant guidance for attorneys which would allow us to maximize our mental health and also perform at optimal levels. Learn how the attorney code of ethics could be used as a guide to help avoid many of the mistakes that plague our colleagues and also allow us to find success and happiness in the profession.
4:45 p.m. Adjourn
ABOUT THE PRESENTER
Stuart I. Teicher, Esq. is a professional legal educator who focuses on ethics law. A practicing attorney for over 17 years, Stuart’s career is now dedicated to helping fellow attorneys survive the practice of law and thrive in the profession. Mr. Teicher teaches seminars, provides in-house training to law firms and gives keynote speeches at conventions and association meetings. He also provides consultation and representation in attorney disciplinary matters.
Stuart helps attorneys get better at what they do (and enjoy the process) through his entertaining and educational CLE Performances. His expertise is in “Technethics,” a term Stuart coined that refers to the ethical issues in social networking and other technology. Stuart also speaks about “Practical Ethics”-- those lessons hidden in the ethics rules that enhance a lawyer's practice.
Mr. Teicher is a Supreme Court appointee to the New Jersey District Ethics Committee where he investigates and prosecutes grievances filed against attorneys, an adjunct Professor of Law at Rutgers Law School in Camden, New Jersey where he teaches Professional Responsibility and an adjunct Professor at Rutgers University in New Brunswick where he teaches undergraduate writing courses.