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Exploring the Ethical Duty of Technology Competence Part I: Tech Savvy Is a Requirement, Not an Option

(208 Ratings)

Produced on: August 24, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Beginner
This program, taught by Ivy B. Grey, author of American Legal Style for PerfectIt by Intelligent Editing Ltd and Senior Attorney at Griffin Hamersky LLP, will cover the duty of technology competence.

This is Part I of a two-part program that, together, will address (1) the duty of technology competence as it relates to technology used in practice generally (Model Rule 1.1); (2) the duty to train and how it relates to the technology mandate (Model Rule 5.1); and (3) the issue of lawyers' refusal to embrace technology and how such refusal can become an ethical issue, and lead to overbilling clients (Model Rule 1.5).

This program will focus on the substance of the duty of technology competence; it will also address the obligation to train and ensure compliance with the duty of technology competence for all lawyers in a firm. Examples and discussion will focus on use of MS Word in legal practice because it is a basic technology tool that nearly all lawyers will use, regardless of practice area. 

Learning Objectives:
  1. Discuss the duty of technology competence and its requirements
  2. Dispel common myths about the duty and common excuses used to avoid learning technology
  3. Understand how the duty of technology competence relates to the duty to train and supervise other lawyers and staff within a law firm
  4. Demonstrate how technology competence is not just an individual mandate
  5. Introduce concepts related to MS Word to cause a shift in how lawyers think about the duty of technology competence—it’s not just for e-discovery or fancy technology; it impacts the everyday practice of law


Faculty

Ivy B. Grey

Griffin Hamersky LLP

Ivy B. Grey focuses her practice on bankruptcy and distressed transactions. Her corporate bankruptcy experience includes representing corporate debtors, creditor committees, institutional creditors, strategic buyers, hedge funds, and distressed debt investors in Chapter 11 cases.  She has sophisticated experience with real estate, equipment financing, and technology matters.

Ms. Grey also has comprehensive knowledge of commercial law, including secured financing, commercial paper, and sales and leasing, and has led teams in lien review and analysis, challenge, and successful dispute resolution.

Prior to joining the firm, Ms. Grey worked at a New York City bankruptcy boutique representing debtors, committees, and a panel trustee. She was also a part of the bankruptcy and business transactions groups of Davis Wright Tremaine LLP in Portland, Oregon representing creditors in bankruptcy cases, out-of-court restructurings, credit recovery, and collections. 

Significant representations include: In re AMR Corp. (American Airlines), In re DBSI Inc., In re Dewey & LeBoeuf LLP, In re Eastman Kodak Company, In re Grubb & Ellis Co., In re Nortel Networks Inc., and In re Sound Shore Medical Center of Westchester.

Ms. Grey is also the author of American Legal Style for PerfectIt, a proofreading and editing software for lawyers. In her free time, she is a competitive swing dancer and DJ.

Reviews

CR
Chris R.

Hallelujah! What a great program and set of written support materials which re practical and useful.

JD
Jeffrey D.

I deeply appreciated and learned from this presentation. As a senior supervising attorney, she alerted me to the danger of not keeping up with technology and ensuring that my "senior" attorneys do the same. Thank you!

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