publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/503802
ILTA WHITE PAPER: APRIL 2015 WWW.ILTANET.ORG 23 LEGAL ETHICS AND INFORMATION GOVERNANCE the ethics opinion for your state and follow the guidelines set forth. Also consider whether rules regarding communication — specifically, keeping clients apprised of the means by which their legal work is accomplished — requires that the use of third-party solutions be disclosed. DESTROYING: Addressing the destruction of digital information is as important, if not more important, than managing the destruction of physical files. However, without carefully evaluating what information is being destroyed, and without proper classification and organization, wanton destruction of email messages and documents can mean that information critical to the client's interests is lost. This is in addition to the risk of destroying information subject to a legal hold, an issue well- known to litigators and their clients. TRANSFERRING: As lawyers and clients continue to move between law firms, the difficulties of transferring "papers" necessary to protect the interests of the client (Rule 1.16), become increasingly complicated. The question of what is "reasonably practicable" will continue to shift, and if the most critical information is stored in an unmanaged email inbox, the difficulty of complying with this duty can become a nightmare. For most firms, it should take only one significant transfer to understand the pain unmanaged information can inflict. IS TECHNOLOGY THE ANSWER? If technology is the source of our problems, could it also be our salvation? Three advancements might hold the key: 1. The growth of data has paralleled the growth of computing power, and traditional e-discovery tools like predictive analytics can help auto-categorize digital information such as email, perhaps even better than the recipient. In addition, as tools like IBM's Watson make their way into the legal profession, the computing power sufficient to beat Ken Jennings in Jeopardy can help us manage information in ways we cannot imagine today. 2. Gamification, the use of game-playing elements in a non-game context, can also be used to help manage our information. Could an enterprising developer update the way we interact with email and documents to make categorizing and organizing information easier and more enjoyable for attorneys and legal teams? Earn points for dragging email messages to folders, or match client and matter numbers to documents like you'd match colorful candies on your smartphone! A refocus on how we interface with information could be what is needed to get engagement. 3. Despite the reluctance of some attorneys to turn to cloud computing services, these tools can bring opportunities that are simply impossible for on-premises deployments. In addition, regulatory compliance, often thought to be the primary reason cloud computing cannot be used, may someday necessitate the use of data centers monitored more closely — with greater security than can be accomplished by most law firms. SEIZE THE OPPORTUNITY Technology and ethics will continue to intersect as technology continues change the way law is practiced. It is important to remember that ethics rules are based on the idea of reasonableness, and what is reasonable today might not be reasonable tomorrow. It is the responsibility of lawyers, information governance professionals and technology implementers to be aware of the benefits and risks of technology and to seize opportunities to better manage clients' data.