Ethics in the Age of Zoom

In March 2020, the world turned sideways: courts shut down and suddenly virtual practice became standard operating procedure. However, questions then became apparent: If an attorney is not in the same room as the witness, what is the best way to assess the witness? Who might be with the witness? What is the witness reviewing?

Similarly, the Civil Practice Law and Rules allow an attorney to opt-out of receiving pleadings via facsimile transmission. How does this co-exist when so much is e-filed and forwarded?

Carol G. Morokoff, a thirty-four-year litigator, uses her experience inside and outside the courtrooms and offices to describe ethical pitfalls the unwary will encounter in such a circumstance, how to identify some in advance, and how to negotiate one's way around them.   

This program will be taught from the perspective of a New York attorney and will refer to New York rules, but these concepts can apply widely beyond New York.

Learning Objectives:

1. Define ethical behavior as practiced remotely

2. Identify pitfalls which most often arise in a remote environment 

3. Develop strategies for avoiding these pitfalls