Legal Ethics & the Risk of Mishandling Electronic Evidence (Update)

(409 Ratings)

Produced on: August 27, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

A great deal of the information underlying the modern commercial and legal marketplace is electronic. Consequently, potential evidence can be found on an increasingly wide array of devices and storage systems. Whether it’s computer drives produced by (or to) an adversary/third party or critical investigative material found on your own company or firm network, mishandling it can lead to a number of problems. Mistakes can lead to accidental data breaches and the inadvertent disclosure of privileged materials. Improperly accessed data can also alter underlying evidence, potentially rendering it inadmissible. Ultimately, attorneys can be held responsible when this information is mishandled.  

The American Bar Association’s Model Rules of Professional Conduct were amended in 2012 to address the increasing use of technology in legal practice and the ongoing need to safeguard client and firm data. Attorney and information security consultant Scott Aurnou discusses the amended Rules and the fundamental steps needed to comply with them, including measures to secure confidential client and e-discovery information. He will provide an overview of how electronic data is stored, outline the forensic investigative process and highlight steps needed to mitigate computer forensic errors, and the overall risk of mishandling electronic evidence.  


Learning Objectives:

  1. Identify essential ethical obligations under the ABA Model Rules related to technology and attorney competence, data confidentiality and the use of outside services
  2. Address the relevant basics regarding data storage
  3. Break down the computer forensic process
  4. Recognize potential errors to avoid when handling electronic evidence


Faculty

Scott Aurnou

The Security Advocate

Scott Aurnou, Esq., CISSP is an attorney and founder of The Security Advocate, which helps organizations with information security and data privacy issues. This includes privacy and security awareness training, security consulting, compliance with cyber security and privacy laws and related legal concerns.

Scott spent over a decade as a litigation attorney in the NYC area, and served as lead counsel for a private client services group at Smith Barney. He uses his legal, security, and business background to make complex information security concepts easy to understand (and even entertaining on occasion) for non-technical audiences. He has published security related articles in national publications ranging from the New York Law Journal to SC Magazine. In addition, he has created and delivered numerous presentations on information security and data privacy issues for executives, managers, and professionals.

Scott is a Certified Information Systems Security Professional (CISSP), Certified Information Privacy Technologist (CIPT), Certified Information Privacy Professional (CIPP/US) and a Fellow of Information Privacy (FIP). He is admitted to practice law in New York, Colorado, the U.S. District Courts for the Eastern and Southern Districts of New York; as well as the U.S. Court of Appeals for the Second Circuit. He is also the author of the Introduction to Information Security LiveLessons video training series for Pearson Publishing. 


Reviews

KO
Kyle O.

This course was great. I really enjoyed the simplistic break down of terms and explanations along the way.

GW
Gaston W.

Scott's infectious enthusiasm for the materials was great. I believe I need to keep the hyperlinks handy. Quite good. G

BM
Brian M.

Superb! Exceptionally practical advice with VERY helpful links.

RM
Retha M.

Cutting edge presentation.

JL
Justin L.

effective presenter

TV
Thomas V.

Very good & knowledgeable speaker.

LA
Lawrence A.

Very good lecture

LL
Lauren L.

useful in digital age

JT
John T.

Excellent presentation. Relevant for all attorneys.

JH
Janine H.

Eye-opening! What a minefield.

CR
Chris R.

Scott's presentations are always top-notch.

EC
Eugene A C.

Very effective presenter and presentation. One of the best Lawline courses I have attended and reviewed.

JH
Jennifer H.

Very well done! Informative but easy to comprehend.

PC
Paige C.

It's a complex topic, but I think the speaker gave just the right type of information and further resources for attorneys to avoid pitfalls in the subject area.

MR
Maureen R.

Scott was interesting and very comprehensive.

AS
Arthur S.

One of the very best CLEs I've attended.

ER
Elena R.

Fantastic presenter!

JL
John L.

Useful Information

DW
Danielle W.

Excellent written materials Very dynamic and engaging speaker

SE
Shaun E.

very good presenter

CL
charles l.

Excellent delivery. Gifted speaker.

AM
Antoine M.

Comprehensive review with good examples

DT
Dana T.

Excellent!

SH
Steven H.

To the point.

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