Solo and Small Firm Section hosts ‘Digital Dilemmas’ virtual ethics and professionalism update
'This year’s update emphasizes the importance of responsibly integrating AI and other virtual law practice solutions into our firms'
“Digital Dilemmas: Ethical and Professionalism Considerations for Attorneys in a Tech-Driven World” is this year’s theme for the Solo & Small Firm Section’s annual ethics and professionalism update.
The virtual event takes place on October 25 from 8:25 a.m. to 12:50 p.m. and includes text-message client communications, trust accounting, multi-state virtual practices, and artificial intelligence.
Renee Thompson
“As attorneys, it’s critical that we navigate the rapidly evolving digital landscape with a strong commitment to ethical and professional standards,” said Solo & Small Firm Section Chair Renée E. Thompson of Upchurch Watson White & Max in Ocala. “This year’s update emphasizes the importance of responsibly integrating AI and other virtual law practice solutions into our firms. By doing so, we not only enhance our practices but also ensure that we uphold the trust and integrity that our clients and the legal system depend on.”
Course number 8443 is approved for 5 CLE, 2 Ethics, 2 Professionalism, and 1 Technology. All registrants have 90-day, on-demand access. Learn more and register at bit.ly/SSFS_8443.
Agenda and Presenters
Digital Dilemmas: Ethical and Professionalism Considerations for Attorneys in a Tech-Driven World
8:25–8:30 AM
Welcome
Program Chairs Bill Curphey and Amanda Barton
8:30–9:20 AM
Professionalism and Ethical Considerations for Attorneys
Scott Westheimer, immediate past president, The Florida Bar, and partner, Syprett Meshad, P.A, Sarasota
9:20–10:10 AM
Ethical Perils of Communicating with Clients Using Text Messages
Peter A. Joy, Henry Hitchcock Professor of Law, Washington University in St. Louis, St. Louis, MO. This presentation addresses three separate but related doctrines: the legal rule for attorney-client privilege, the work-product protection, and the ethical duty of client confidentiality. Lawyers, judges, and lay people often conflate or confuse these doctrines because there is some overlap among them. Participants will gain a better understanding of these doctrines and the ethical perils of communicating with clients using text messages and other forms of communication that could be subject to waiver of attorney-client privilege under various circumstances.
10:20–11:10 AM
Ethical Trust Accounting – From Deposits to Disbursements
Debra J. Davis, Ethics Lawyer and CPA, Smith, Tozian, Daniel & Davis, P.A., Tampa, FL. This segment will discuss the ethical issues involved with lawyer trust accounts will provide practical tips to establish, manage and maintain a compliant trust account from deposits to disbursements.
11:10 AM–12 PM
Professionalism and Ethical Issues When Practicing Virtually, Including in Transactions that Cross State Lines.
Tim Chinaris, Professor Emeritus of Law at Belmont University College of Law, Nashville and of Counsel, Smith Tozian Daniel Davis, P.A., Tampa, FL. The virtual practice of law raises a host of ethical and professionalism issues such as whether a Florida attorney could face potential unlicensed practice of law or malpractice liability issues raised by a party in another state when the Florida lawyer handles a virtual transaction across state lines, or when Florida authorized in-house counsel advise their employers in handling business transactions in other states. Ethical issues get complicated by the growth of “lead generators” that advertise nationally and parcel cases out to their “partners” in other states as well as the use of litigation funding companies. This discussion will provide a stronger understanding of some of the ethical issues inherent in multi-state virtual practice situations.
12–12:50 PM
AI & Ethics: 2 Years Later
Jonathan Grabb, The Florida Bar Ethics Counsel, Tallahassee. This segment will discuss how the use of technology, including generative artificial intelligence, has changed the practice of law nearly two years after the public release of OpenAI’s ChatGPT in November 2022. We’ll discuss both the positives (Florida Ethics Opinion 24-1, ethics guidance from other jurisdictions, and generative AI programs made for lawyers) and the negatives (hallucinations, deepfakes, and court sanctions). Generative AI is here to stay, and this presentation is meant to give you a primer on what to watch — whether you plan to use AI in your own practice or not.
