Phillips Lytle LLP Partner Anna Mercado Clark presented at the New York State Bar Association (NYSBA) Trusts & Estates Law Section Spring 2021 Meeting on Thursday, May 6. Ms. Clark gove a presentation titled, “Lawyers’ Duty of Competency: When Technology and Legal Ethics Intersect.”
Ms. Clark discussed that with many lawyers working remotely, professional networks extending to various social media platforms, courts adopting various technologies to facilitate hearings and filings, and technology evolving at a rapid pace, lawyers should be mindful of their ethical duty of competency regarding technology. Not only should lawyers have sufficient familiarity with the technology they use, but they should also actively employ strategies to identify and mitigate various risks that come with the use of such technology. Ms. Clark gave best practices for protection of personal, confidential and privileged information (e.g., in court filings, e-Discovery, and when using mobile applications, email and social media); communication with and/or research regarding jurors, parties or witnesses using social media; and limitations on employer access to employee data.