On June 27, 2013 Nicole Black and Carolyn Elefant presented, Solo & Small Firms: 10 Ethics Red Flags You Need To Know. In this webinar recap you will learn about the top ten ethical red flags your firm should consider when taking on new technology. Covered topics include: - Confidentiality and security considerations when using cloud and mobile solutions - Attorney-client relationships, advertising, and other challenges when using social and online platforms - Virtual law office ethical issues, avoiding the unauthorized practice of law - Escrow account issues, alternative billing, outsourcing, and more

1. Solo & Small Firms: 10 Ethics
Red Flags You Need To Know
Carolyn Elefant & Nicole Black
Thursday, June 27, 13

2. About MyCase
MyCase web-based law practice management software built for
solo and small firms like yours.
Practice More, Manage Less.
Benefits include:
•Leave Your Briefcase At The Office – practice anywhere at anytime
•Grow Your Practice Faster – streamline and simplify your routine
tasks so you have more time to focus on your clients
•Get Happy Clients– Communication with clients is better, easier, and
completely secure with our integrated client portal
Thursday, June 27, 13

3. About Our Speaker
Nicole Black is an Attorney in
Rochester, New York, and the
Business Development Director at
MyCase. She is also an ABA-
published author of Cloud Computing
For Lawyers and co-author or Social
Media For Lawyers.
NICOLE BLACK, ATTORNEY
Nicoleblackesq.com
Author of “Cloud Computing for Lawyers” and Co-Author of “Social
Media for Lawyers”
Thursday, June 27, 13

4. About Our Speaker
Carolyn Elefant is the Founder and
Principal Attorney with the Law
Offices of Carolyn Elefant in
Washington D.C. She is also an ABA-
published author. She wrote Solo By
Choice and is the co-author of Social
Media For Lawyers
CAROLYN ELEFANT, ATTORNEY
LawOfficesofCarolynElefant.com
MyShingle.com
Author, Solo by Choice & Co-Author, Social Media for Lawyers
Thursday, June 27, 13

5. 5
LEGAL ETHICS ARE FROZEN IN THE
19TH CENTURY
THE
PROBLEM
Thursday, June 27, 13

6. 6
Chilling effect on lawyers and innovation . . .
I don’t want to take
a chance and be a
test caseOh good, I can
keep competitors
off my turf!
Thursday, June 27, 13

7. 7
ETHICS RED FLAGS IN 21st
CENTURY PRACTICE
•Anything invented in the 21st century
•Anything used by someone under the age
of 80
•Anything that makes life easier for lawyers
and clients
•Anything that ordinary common sense
would assume is OK, but only a lawyer
could suggest is deceptive
Thursday, June 27, 13

8. 8
Ethics Red Flags
•Client
Communication
•Alternative Billing
•Web-based
Advertising
•Social Media
•Escrow Account
Issues
•Cloud Computing
•Virtual Law Offices
•Outsourcing
•Alternative Business
Models
•Mobile Computing
Thursday, June 27, 13

9. 9
Alternative Billing / Fees
•Payment by credit card
! - Red flag: Trust account, charge backs
•Flat fees
! - Red flag: Earned on receipt or end of agreement
•Subscription fees
! - Red flag: Reasonableness
•Referral fees
! - Red flag: Prohibitions on referrals, fee splitting
Thursday, June 27, 13

10. 11
Social Media
•General - social media changes media not message -
same ethics rules, different format
•Testimonials
•“Specialization” (LinkedIn)
•Confidentiality (communicating with clients publicly at
sites?)
•Unethically “friending witnesses?”
•Social media and friending judges - yes or no?
•Blogging about client cases without consent (VA says no
- Hunter case)
•Mining social media for evidence
Thursday, June 27, 13

11. 14
Secure Client Communication
•Email inherently unsecure
•Model Rule 1.1 revision and duty to stay abreast
of changes to technology
•Secure encrypted communication
•Client portals
Thursday, June 27, 13

12. 15
Alternative Business Models
•Unbundled legal services
! - Red flag: reasonableness
•Affiliate relations/branded networks
-Red flag: Conflicts of interest, imputed
partnership, appearance of operating as a firm
when not
- Trade names
- Pay for referrals/fee splitting
Thursday, June 27, 13

13. 16
Web-based advertising
•Attorney-Client Relationship
•Disclaimers
•No Deception/Exaggeration
•Educational vs. Promotional
Thursday, June 27, 13

14. 17
Escrow Account Issues
•Online Payment
•21st Century Considerations
Thursday, June 27, 13

15. 19
Cloud Computing
•Take Reasonable Steps to Ensure Confidential
Client Data Stays Secure
•Absolute Security is an Impossibility
•Important Considerations:
• Extraction of data
• Geo-redundancy
• Encryption of data
• Frequency of data back up
• Questions to ask providers--full list here: http://bit.ly/
hyFBxo
• ABA chart summarizing state ethics opinions: http://
tinyurl.com/abaCloud
Thursday, June 27, 13

16. 21
Mobile Computing
•Same standard as cloud computing
•Inventory devices
•Password protection
•Sanitize devices when discarded
•Texting with clients?
Thursday, June 27, 13

17. 22
Virtual Law Offices
•Bonafide Office Rules
•UPL
•Duty to supervise
•Effective Client Communication
Thursday, June 27, 13

18. 23
Final Considerations
•To the extent possible, use retainer agreements to
address many of these issues (21st Century Retainer
Agreement book & forms for order at
myshingle.com)
•Don’t be a naysayer - presume it can be done
unless bar explicitly says no
•Review ethics rules and opinions & do your own
analysis - don’t listen to anyone else
Thursday, June 27, 13

19. 24
Thank You!
Carolyn Elefant
Elefant@myshingle.com
www.myshingle.com
Solo by Choice & Social Media for
Lawyers available at Amazon; 21st
Century Retainer Agreement available
at myshingle.com (side menu)
Nicole Black
niki@mycase.com
www.nicoleblackesq.com
Cloud Computing for Lawyers &
Social Media for Lawyers available at
Amazon
www.mycase.com/free-trial *DON’T FORGET TO COMPLETE
THE SURVEY FOR CLE CREDIT
Thursday, June 27, 13