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Program Description

Ethics in the Electronic Age




Approved for CLE credit in: AK,AZ,CA,ME,ND,NJ,NY,WV

Using technology to communicate with clients, the court, and the public is a necessary part of a lawyer's job. But incorrectly using those tools can lead to disaster, particularly when it comes to client confidences and secrets. This program will address common mistakes that lawyers have made with cell phones, speaker phones, voicemail, e-mail, and wireless handheld devices like Blackberries. Additionally, the program will address new means of sharing documents with the court system, with guidance on how to use those systems ethically and efficiently. Finally, the audience will learn about how the next generation of Internet communications (e.g., blogs and social networks) carry with them even greater risks to go with their benefits.

This program was recorded on January 15th, 2009.

Provided By: New York City Bar

  • Introductions of Panelists & Roadmap of Program
  • Discussion of Duty of Confidentiality, & Duty to Stay Abreast of Changes in Technology of Communications
  • Discussion of SCROLL & E-filing: Two Examples of New Communication Methods All NY Lawyers Should be Aware Of
  • Discussion of Secure Filing vs. Sealing vs. Confidentiality Agreements
  • Discussion of Misuse of Common Technological
  • Discussion of New Internet Technologies & Attendant Ethics Issues
  • Q&A, including how to research ethics issues

    This program was recorded on January 15th, 2009.

  • CLE Credit Information

    Click on the state abbreviation to find the CLE Credit Information for your state.

    This program is has been approved for credit in AK,AZ,CA,ME,ND,NJ,NY,WV

    Experienced attorneys only (non-transitional)

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    Panelist Biographies

    Hon. Jacqueline W.Silbermann

    Of Counsel
    Blank Rome LLP

    Jacqueline W. Silbermann concentrates her practice in matrimonial law and alternative dispute resolution and mediation. Former Justice Silbermann has twenty years of experience handling matrimonial matters throughout the state of New York, and more than twenty five years of overall judicial experience including: divorce negotiation and litigation, prenuptial agreements, separation contracts, post-judgment litigation, equitable distribution, asset valuation. Former Justice Silbermann served as Statewide Administrative Judge for Matrimonial Matters from January 1997 until December 31, 2008. From March 2001 until December 31, 2008, she served as the Administrative Judge of the Supreme Court, Civil Term, New York County. Additionally, she is certified by the International Institute of Conflict Prevention & Resolution as a mediator and arbitrator. Former Justice Silbermann serves on the boards for Fordham University School of Law, New York Women¿s Bar Association and the New York State Association of Women Judges. She also serves as a current Board Member and Former President of Judges and Lawyers Breast Cancer Alert, a Fellow of the New York State Bar Association, and a Member of Family Law and Judicial Section of the New York State Bar Association. She is a graduate of Fordham University School of Law, JD, cum laude, 1972 and Bryn Mawr College, BA, cum laude, 1959.


    Senior Associate
    Proskauer Rose LLP

    David A. Lewis is a senior associate in the Law Firm Advisory Practice Group and Litigation and Dispute Resolution Department of Proskauer Rose LLP in New York City. His practice focuses exclusively on legal ethics and professional responsibility, including conflicts of interest, cross-border legal practice issues, partnership disputes, internal investigations, litigation conduct, client confidentiality, bar admission requirements and fee disputes. David represents both lawyers and law firms in a variety of professional matters, such as defending them against charges before disciplinary committees, advising them on attorney advertising regulations, defending them in legal malpractice cases and representing them in cases involving disqualification.

    Jeffrey E Carucci

    Statewide Coordinator for Electronic Filing
    New York State Unified Court System

    Jeffrey Carucci is the Statewide Coordinator for Electronic Filing of the Unified Court System of the State of New York. Mr. Carucci coordinates the New York State Courts Electronic Filing System (NYSCEF) including system development and implementation and outreach to and training of the staff of the County Clerks, Judges and court staff, and attorneys in all of the venues and courts in New York State in which electronic filing has been authorized. He directs the court system’s NYSCEF Resource Center, which serves as a statewide help desk and training center for E-Filing. Mr. Carucci has presented statewide and nationally on E-Filing and published an article, “Electronic Filing in New York,” in the journal of the New York City Chapter of the Association of Legal Administrators. He is the co-author of “Electronic Filing in New York State - - A Status Report,” published in E-Filing Reporter in December/January 2005/2006, and “Electronic Filing in New York State Courts - - 2007 Update,” published in E-Filing Reporter in July/August 2007. He is a co-author of the “State Courts Technology Update,” a column that appears periodically in the electronic newsletter, T News, of the New York State Bar Association. He is also editor of NYSCEF News, a newsletter about electronic filing in New York State that is published by the NYSCEF Resource Center. Mr. Carucci has served as a liaison with courts in other states and the National Center for State Courts in regard to E-Filing. Mr. Carucci has been in the court system since 1985 and, in addition to carrying responsibilities for E-Filing in New York State, holds the position of the First Deputy Chief Clerk of NY County Supreme Court. Mr. Carucci received the Bernard Botein Award from the Association of the Bar of the City of New York in recognition of his outstanding services to the court system, the Bar and the public at large.


    Statewide Special Counsel for Ethics
    NYS Office of Court Administration

    Jeremy R. Feinberg is the Statewide Special Counsel for Ethics at New York's Office of Court Administration (OCA). In that capacity, he oversees the Judicial Campaign Ethics Center and provides ethics training, support and advice to the approximately 15,000 non-judicial employees of the Unified Court System. He also serves as one of the staff counsel to the Advisory Committee on Judicial Ethics, the panel of judges that provides ethical advice and opinions for all members of the New York State Judiciary. Mr. Feinberg frequently lectures on legal ethics at CLE programs around the state and contributes writings on ethics issues to the New York Professional Responsibility Report. He has taught ethics at Columbia University School of Law, NYU Law School, St. John's University School of Law and Cardozo Law School. He commenced a second three-year term on the New York City Bar Association's Committee on Professional and Judicial Ethics in 2007. He previously served on the New York City Bar Association's Professional Discipline Committee from September 2006 to August 2007 and the New York State CLE Board from 2003 to 2006. Mr. Feinberg is also OCA's Statewide Special Counsel for the Commercial Division. In that role he provides support and assistance to all of the Commercial Division courts throughout New York, and serves as a liaison between the Bench and the commercial Bar. Before joining OCA January 2006, Mr. Feinberg was a senior litigation associate at the New York office of Proskauer Rose, LLP where he handled sports law, commercial litigation, and ethics matters for the firm's clients. He served as Jaw clerk to the Honorable Judith S. Kaye. Chief Judge of the New York Court of Appeals, from December 1996 to December 1998. He is a 1995 graduate of Columbia University School of Law and a 1992 graduate of Columbia College.

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    Ethics in the Electronic Age



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