Legal Malpractice Pitfalls: Retainer agreements, cybersecurity, technology, AI, and use of nonlawyer assistants

Session I - The Legal Mal Silver Bullet: Retainer Agreements – Jeffrey Cunningham

This session will involve a discussion of the underlying legal and ethical rules for any attorney’s best risk management tool: a bespoke engagement agreement. Using the ABA’s recommended template and real-world examples, we’ll explore key areas to consider for your daily practice as well as develop takeaways for future risks.

Key topics to be discussed:

• Applicable ethics and ABA Model Rules of Professional Conduct
• Legal malpractice and other risks
• Best practice building off of the ABA sample engagement agreement
• Looking to the future – engagement agreements (and risk) of tomorrow

Session II - Mitigating Liability in the Arena of Cybersecurity, Technology, and AI – Frank Xavier Wukovits

In this session, Mr. Wukovits will cover important considerations for both in-house and outside counsel involving the ever evolving and rapidly changing legal landscape, driven by cybersecurity threats, emerging technologies, and the rise of artificial intelligence. This session will cover laws, rules, regulations, litigation, and enforcement actions involving these different areas. Attendees should expect to come away from this session with a deeper understanding of the current risks, threats, and vulnerabilities inherent in modern-day legal practice as they relate to cybersecurity, technology, and artificial intelligence.

Key topics to be discussed:

• Prioritizing cybersecurity internally and externally
• Discovering and adopting technologies to improve efficiencies and workflows
• Vetting and learning to use artificial intelligence as a tool

Session III - ABA Ethics Opinion on Use of Nonlawyer Assistants – Alyssa Johnson and Noah Fiedler

In June 2023, the ABA issued ABA Opinion 509. The Opinion addresses Model Rule 5.3, which relates to managing and supervising, and several other model rules, focusing on a lawyer’s responsibility to ensure that any nonlawyer assistance is performed in a way that is “compatible” with a lawyer’s duties in relation to dealing with prospective clients. The guidance reminds attorneys that while a lawyer can have an assistant perform an array of tasks at client intake, the lawyer should ensure that the prospective client is always offered an opportunity to discuss the fee agreement and scope of representation with the lawyer. In this CLE, we will discuss supervision of nonlawyer assistants, what is required of lawyers, and the model rules applicable to nonlawyer assistants.

Key topics to be discussed:

• Model Rule 5.3
• Overseeing nonlawyer assistants with prospective clients
• Potential concerns with nonlawyer assistants and the unauthorized practice of law

Closed-captioning available