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Ethical Obligations for Lawyers in the Modern Era

Discovery Digest – Q3 2012

Technology has changed the ways lawyers conduct eDiscovery, communicate with clients and file court documents, among many other things. It has also impacted their ethical obligations. 

Lawyers have an ethical duty to remain competent about technology. They need to consider how and if they can ethically participate in social media. And with the arrival of the cloud, lawyers must think about their obligations around client data that now exists in a virtual environment, instead of behind the company’s or agency’s firewalls.

Those who fail to understand and follow through on their ethical obligations will not only risk alienating clients, but they also could face the wrath of judges. Recently, attorneys who made technology-related ethical lapses have been sanctioned and seen their fees reduced. Attorneys who have remained determinedly old-fashioned now need to move into the 21st century or face serious consequences.

Ethical obligations for lawyers in the modern era


Back to Discovery Digest – Q3 2012

As used in this document, “Deloitte” means Deloitte Financial Services LLP. Please see for a detailed description of the legal structure of Deloitte LLP and its subsidiaries. Certain services may not be available to attest clients under the rules and regulations of public accounting.

While the information in this article may deal with legal issues, it does not constitute legal advice. If you have specific questions related to information discussed in this article, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.

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