September 2012
Competency and Confidentiality in Lawyers' Use of Technology: What the New Changes to the Model Rules of Professional Conduct Mean for Colorado Attorneys - LIVE IN DENVER
CLE Elite Season Pass Holders can attend for FREE! Click HERE for more information!
As a result of the ABA's recent actions, lawyers have a duty to stay current on technology's risks and benefits, and to ensure that they engage make reasonable efforts to protect client confidences in use of technology. Specifically, the ABA House of Delegates recently approved changes to the Model Rules of Professional Conduct relating to lawyers' use of technology. Among the changes to the Model Rules of Professional Conduct were changes to Model Rule 1.6, which relates to a lawyer's obligation to keep information relating to representation of a client confidential. Likewise, the changes to the Model Rules of Professional Conduct modify the competency rule (Rule 1.1) by imposing obligations upon lawyers to stay current on technology. The changes to the Model Rules also address a lawyer's obligation with respect to metadata. Finally, the changes to the Model Rules clarify a lawyer's obligation when using outsourced legal services, when using the internet or other technology for marketing or solicitation, and when a lawyer is moving from one firm to another.
Mr. Rothrock and Mr. Rackham will discuss some of these changes, what impact they may have on lawyers practicing in Colorado, and how lawyers can ensure that they are in compliance with the new amendments to the Model Rules.
Presented by Troy Rackham and Alexander “Alec” Rothrock
Agenda:
8:00 am - 8:30 am Registration
8:30 am - 9:30 am Program (Continental Breakfast Provided)
Faculty:
Troy Rackham holds the highest rating awarded by Martindale-Hubbell® Law Directory as an AV® Preeminent™ Lawyer. Selected as a “Rising Star” by Colorado Super Lawyers in 2009, 2010 and 2011, his practice includes employment and civil rights law, legal and medical malpractice and other forms of complex litigation. Mr. Rackham defends lawyers, hospitals, nursing homes, long term care facilities and other health care organizations in a wide variety of cases and claims.
Mr. Rackham regularly advises legal professionals on ethics, malpractice and professional liability issues. Mr. Rackham co-wrote a treatise on Colorado Legal Malpractice litigation, which is updated annually. He has orally argued and prepared briefs in dozens of appellate cases, most of which involved claims against lawyers, hospitals, physicians, or health care systems.
Mr. Rackham is a member of the American, Colorado, and Denver Bar Associations, and he is a member of the CBA Ethics Committee and the ABA House of Delegates. Mr. Rackham frequently teaches courses for legal and medical professionals, including courses for Colorado CLE and health care conferences, such as the Colorado Healthcare Associated Risk Managers (“CHARM”) and Colorado Health Information Management Association (“CHIMA.”) Mr. Rackham has authored numerous articles and chapters on civil litigation and professional liability issues.
Mr. Rackham regularly volunteers his time working with high school students on mock trial and other activities, as well as serving as pro bono counsel to kid's organizations and through Metro Volunteer Lawyers. Mr. Rackham also volunteers with Habitat for Humanity and other public-interest organizations.
Alexander “Alec” R. Rothrock is a shareholder with the Greenwood Village, Colorado law firm of Burns, Figa & Will, P.C. He received a Bachelor of Arts degree in history from the University of Michigan at Ann Arbor in 1981 and a Juris Doctor degree from DePaul University College of Law in Chicago in 1984.
Mr. Rothrock's practice emphasizes legal ethics and attorney discipline defense, and the law of practicing law. Mr. Rothrock is the author of the book, Essays on Legal Ethics and Professional Conduct in Colorado (Continuing Legal Education of Colorado, Inc. 2003, Supp. 2008) and a frequent lecturer on topics of legal ethics and professional conduct. He is a former chair of the Colorado Bar Association Ethics Committee.
