Paige Tungate, Attorney
Downey Law Group LLC
Ethical Considerations When Working Remotely
- Unauthorized Practice of Law
- Physically working from a state where the lawyer is not licensed
- Model Rule 5.5
- Duty to Supervise
- Staff/non-lawyers filing pleadings/giving legal advice without lawyer involvement
- Model Rule 5.3
- Conflicts of Interest
- Lawyers of firm are working separately from each other, and not checking conflicts with each other.
- Model Rule 1.7
- Model Rule 1.10
- Competent and Diligent Representation
- Lawyer has trouble concentrating while working from home and lackadaisically throws together documents for client and hopes client signs
- Model Rule 1.1
- Model Rule 1.3
- Other considerations:
- Communication with client – 1.4
- What happens if lawyer gets sick with COVID and cannot work for a period of time?
- What happens if the client gets sick?
D. Culver “Skip” Smith III, Shareholder
Culver Smith III, P.A.
Accepting Advances and Payments via Online Apps
- Requiem for checks—proliferation of web-based payment applications
- Some designed for lawyers, others not
- Operate in different ways
- Issues for lawyers: confidentiality and safeguarding entrusted funds
- Ethics opinions to date (WA, SC, NC)
- The issue—risk of disclosure of confidential info.
- The solution
- Safeguarding entrusted funds:
- The issue: online payment-service accounts noncompliant with trust-account rules
- The solution
Mikhail Reider-Gordon, LL.M., Managing Director, Institutional Ethics & Integrity
Affiliated Monitors Inc.
- Use of technology when working remotely
- Duties to maintain requisite knowledge, skills and risks associated with relevant technologies
- ABA Model Rules: Technologically enabled law practice
- Ransomware, hacks and privilege for law firms
- Privacy laws: Privileged, Confidential and PII data
- Emerging risks to law firms and practice