publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/503802
WWW.ILTANET.ORG 20 ILTA WHITE PAPER: APRIL 2015 LEGAL ETHICS AND INFORMATION GOVERNANCE Using new technology is not unethical, but ethical issues can be implicated when we use technology systems. It might be time to reframe our conversations about the importance of managing our client's electronic information by putting the discipline of information governance in the context of attorneys' existing ethical duties. HOW DID WE GET HERE? To some extent, we are the victims of our own success. Prior to the late 1970s, a document was created on a typewriter, a copy was placed in the physical file, and that file was maintained as the authoritative record of the work performed for a client. When word processors and photocopy machines became more prevalent, it was much easier to produce records, but they were still stored in dedicated files, albeit larger files than were previously imagined. The greatest shift came when computers began to serve as both the means of production and the storage medium; the advent of email further complicated the issue. Many remember a time when we needed to convince reluctant attorneys to adopt a new technology called electronic mail that would revolutionize communication with clients and co-workers. To gain adoption, the technology was designed and configured to be easy to use, and each feature was created to get the job done faster. I am pleased to say: Congratulations — we succeeded in revolutionizing the way we bring value to clients! However, in doing so, some of the records management disciplines that developed with the use of paper files might have been lost in the transition to a digital world. THE ETHICS LANDSCAPE As technology begins to permeate every aspect of the practice of law, the ethics rules governing lawyer conduct have been slowly evolving to meet these changes. For the uninitiated, the framework of rules under which attorneys practice, at least in the United States, can be complex and confusing. The practice of law is a self-regulated profession, and lawyers in each state develop the rules under which individuals can practice in that state. These rules are enforced by the bar association of the state. Every state bar has its own distinct set of ethics rules, but all are based on a set of model rules put forth by the American Bar Association several decades ago. The ABA, unlike the state bars, cannot directly regulate lawyers, but it is an influential voice in changes to state ethics rules. States are not bound by the model rules, and most have modified them or interpreted them differently in ethics opinions. TYPEWRITER the means of production and the storage are separate WORD PROCESSOR even with some storage capabilities, the means of production and storage remain separate COMPUTER the means of production and the storage are the same Evolution of the Record This article is based on the webinar recording of "The Legal Ethics of Information Governance." Click here to view the recorded webinar.