Attention:
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Practicing Law Ethically in a Technological Minefield


Level: Advanced
Runtime: 62 minutes
Recorded Date: November 05, 2019
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Agenda


• Duty to Safeguard
        - Rule 1.1 Competence
        - Rule 1.6 Confidentiality
        - Rule 1.4 Communication
        - Rules 5.1, 5.2, 5.3
• Risk Based Approach
• ABA Formal Ethics Opinion 477R
• Attack Trends and How to Defend
• Wire Fraud
• Ethical Mistakes Lawyers Make
• The Ethics of IoT
• The Risks and Benefits of Cloud Computing
• Duty to Inform Clients in the Event of a Breach

Runtime: 1 hour 2 minutes
Recorded: November 5, 2019

Description

Do you ever worry about what the ethical duty of technology competence might require of you as an attorney? Take this course to explore the benefits and risks of attorneys' use of current technologies. Faculty will focus on the duty of technology competence (Rule 1.1) and confidentiality (Rule 1.6) and how to implement those ethical rules in the real world. And to further capture your attention, the session will include real-life stories of lawyers' ethical misadventures with technology.

This program was recorded on November 5th, 2019.

Provided By

American Bar Association
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Panelists

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Michael Maschke

Chief Executive Officer
Sensei Enterprises, Inc.

Michael Maschke is the Chief Executive Officer at Sensei Enterprises, Inc. Mr. Maschke is an EnCase Certified Examiner (EnCE), a Certified Computer Examiner (CCE #744) and an AccessData Certified Examiner (ACE). Mr. Maschke is also a Certified Information Systems Security Professional (CISSP). Mr. Maschke has significant experience with network troubleshooting, design and implementation, security, systems integration and computer engineering.

Prior to his current role, he oversaw Sensei’s computer forensics and information technology departments, which provided support to over 200 area law firms, legal entities and corporations. Mr. Maschke is a Microsoft Certified Systems Engineer (2000/2003), Microsoft Certified Systems Administrator and a Microsoft Certified Professional. He is an associate member of the American Bar Association and has spoken at the American Bar Association’s TECHSHOW conference on the subject of information security. He is currently an active member of the ABA’s Law Practice Management Technology Core Group.

Mr. Maschke holds a degree in Telecommunications from James Madison University.

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Sharon D. Nelson

President
Sensei Enterprises, Inc.

Sharon D. Nelson, Esq., is the President of Sensei Enterprises, Inc., a digital forensics, managed IT service provider and cybersecurity firm in Fairfax, Virginia.

Ms. Nelson graduated from Georgetown University Law Center and has been in private practice ever since, now concentrating exclusively in electronic evidence law. Ms. Nelson was the President of the Virginia State Bar June 2013-June 2014, and is a Past President of the Fairfax Law Foundation, and a Past President of the Fairfax Bar Association. She became Chair of the American Bar Association Law Practice Divisions Professional Development Board in August 2015 and served as the former Chair of its Publishing Board. She served three years on the ABA’s Cybersecurity Legal Task Force and has served on the ABA’s Standing Committee on Technology and Information Systems since 2012.

From 2012-2014, she served in the ABA’s House of Delegates. She was inducted into the College of Law Practice Management in 2014. She is also a graduate of Leadership Fairfax, a past chair of the American Bar Association’s TECHSHOW, the Chair of VSB TECHSHOW 2014, 2016, 2017, 2018, and Co-Chair 2019, and served for many years on the Virginia State Bar Governing Council and on its Executive Committee, on its Standing Committee on Budget and Finance, and was the former Chair of the Unauthorized Practice of Law Committee. She is currently the Chair of the Virginia State Bar’s Future of Law Practice Committee and its Better Annual Meeting Committee. She is currently on the Virginia State Bar’s President’s Committee on Lawyer Wellness (2018-2019). She is a member of the Virginia Women’s Attorneys Association, the Virginia Bar Association, the Virginia Association of Criminal Defense Lawyers and the Virginia Trial Lawyers’ Association. She serves on the Editorial Board of Legaltech News. She is a member of the Business Women’s Giving Circle of the Community Foundation for Northern Virginia.

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John W. Simek

Vice President
Sensei Enterprises, Inc.

Mr. Simek is the Vice President of Sensei Enterprises, Inc., a managed IT service provider, digital forensics and cybersecurity firm located in Fairfax, VA. Mr. Simek has a national reputation as a digital forensics technologist and has testified as an expert witness throughout the United States.

He holds a degree in engineering from the United States Merchant Marine Academy and an MBA in finance from Saint Joseph’s University.

Mr. Simek holds the prestigious Certified Information Systems Security Professional (CISSP) and EnCase Certified Examiner (EnCE) certifications. He is also a Certified Handheld Examiner, Certified Novell Engineer, Microsoft Certified Professional Internet, Microsoft Certified Systems Engineer, NT Certified Independent Professional, and a Certified Internetwork Professional. Mr. Simek is a 2016 Fastcase 50 award recipient and a Fellow (class of 2016) of the College of Law Practice Management. He is also a member of the High Tech Crime Network as well as the American Bar Association and the Fairfax Bar Association.

He currently provides information technology support to hundreds of Washington DC area law firms, legal entities and corporations. He is a co-host of the Legal Talk Network podcast “Digital Detectives” and a co-author of Locked Down: Practical Information for Lawyers 2nd Edition (American Bar Association, 2016), Encryption Made Simple for Lawyers (American Bar Association, 2015), Locked Down: Information Security for Lawyers (American Bar Association, 2012), The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines (American Bar Association, 2006), Information Security for Lawyers and Law Firms (American Bar Association, 2006), The 2008-2018 Solo and Small Firm Legal Technology Guides (American Bar Association, 2008-2018) and a contributing author of eDiscovery, 3rd Edition (Pennsylvania Bar Institute, 2014). He is a frequent author and speaker on information security, legal technology and electronic evidence throughout the country.


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