The Ethics of E-mails & Texting

This course explores the ethical rules for sending and receiving e-mail and text messages. The course will benefit practicing attorneys to ensure compliance with the Rules of Professional Conduct (the "RPC") in connection with the delivery of legal services to avoid ethical mistakes that can result in disastrous outcomes for their clients and themselves.

During the presentation we will look at the ethical rules in connection with transmissions of e-mails and attachments, the effectiveness of disclaimers, the "art" of sending messages to more than one recipient, issues that arise when receiving or transmitting documents or information inadvertently, responses to Business Email Compromise ("BEC"), and whether violations of the RPC are legally actionable.

1. Review the various provisions of the RPC that come into play in connection with e-mail and text messages

2. Explore how electronic communications are integrated into the practice of law from an ethical perspective

3. Identify relevant statutes and case law to consult when issues arise with respect to inadvertent disclosure, duty to notify clients of BEC, and related matters