In a very short period of time technology has revolutionized society and has forever changed the practice of law. The days of burying your head in the sand and hoping it all goes away are over -whether you like it or not, technology is here to stay. ESI, metadata, litigation holds, friending potential witnesses’ lawyers now need to understand and be well-versed with technology in order to fully represent their clients and get the best outcome at trial. Failing to grasp these new technologies in your everyday practice can lead to ethical violations, malpractice lawsuits and even disqualification.
In this CLE course Ed McIntyre provides ethical guidance for fellow trial attorneys by reviewing three different hypothetical case examples based on the following subjects: electronically stored information (ESI) & the litigation hold, the inadvertent disclosure of documents and friending people involved in a lawsuit. Further topics covered by Mr. McIntyre include why we should care about ethics & technology, the applicable laws & codes, the evolution of technology, ESI (electronically stored information), the Zubulake series of cases, Model Rule 1.1, Model Rule 1.6(c), Rico v. Mitsubishi, attorney client privilege, attorney work product, Model Rule 4.4(b), disqualification, public vs. private Facebook pages and googling the jury.
Edward J. McIntyre, Esq. is a litigation partner and general counsel for Solomon Ward Seidenwurm & Smith, LLP where he practices complex business litigation in federal and state courts. He also advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence. Mr. McIntyre is an expert on the topic of professional responsibility. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.