12:55 Welcome and Introductions
1:00 The Evolving Ethics of Law Firm Cybersecurity: Practical and Budget-Friendly Tips*‡
Sharon D. Nelson, Sensei Enterprises Inc., Fairfax, VA
John W. Simek, Sensei Enterprises Inc., Fairfax, VA
Did you know that 27% of law firms now acknowledge that they have been breached? Notoriously, law firms are a one-stop shop for cybercriminals because, unlike most businesses, they hold the data of many companies and individuals. Ethics rules require that lawyers take "reasonable" steps to protect their confidential data. But what's reasonable? That changes over time. Our experts offer the most current advice on how you can shore up your defenses, identifying specific budget-friendly steps you can take.
2:00 Break
2:10 Calm in the Midst of Chaos – Resilience Training†
William S. "Will" Graebe, Lawyers Mutual Liability Insurance Company of NC, Cary
Candace A. Hoffman, North Carolina Lawyers Assistance Program (NCLAP), Raleigh
Lawyers deal with daily, chronic stressors inherent in a highly competitive, adversarial arena, which may lead to a myriad of mental health problems. LAP staff and volunteers delve into evidence-based practices to help lawyers cope with specific stressors inherent in the practice of law. Participants are exposed to practices such as mindfulness and meditation, reframing perceptions and mindsets and ways to improve overall physical wellbeing.
3:10 Break
3:20 The Big Cs — Confidentiality, Communication and Conflicts — Every Lawyer Should Know*
Amy E. Richardson, HWG LLP, Raleigh
Lauren E. Snyder, HWG LLP, Raleigh
This course covers important ethics issues, such as maintaining client confidences, communicating effectively with clients, and properly analyzing conflicts. It reviews the rules governing those issues and offer tips for how to manage them when they arise in your practice. It also discusses recent, related amendments to the Rules of Professional Conduct, specifically amendments to Rules 1.6 (Confidentiality of Information) and 1.9 (Duties to Former Clients).
4:20 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
† Indicates portion providing Substance Abuse/Mental Health credit
‡ Indicates portion providing Technology Training credit
Thank you for joining us for Ethics of Law Firm Cybersecurity, Resilience Training and Reviewing the Big Cs.
This program offers information on the evolving ethics of law firm cybersecurity, provides resilience training, and helps you navigate the big Cs – confidentiality, communication and conflicts.
William S. "Will" Graebe is a claims counsel/relationship manager at Lawyers Mutual Liability Insurance Company of NC in Cary. He joined Lawyers Mutual in 1998 as claims counsel. In 2009, he became the Vice President of the Claims Department and served in that role until 2019. After a two-year sabbatical, he returned to Lawyers Mutual as claims counsel and relationship manager.
In his role as claims counsel, Will focuses primarily on claims related to estates and trusts, business transactions and real estate matters.
Prior to joining Lawyers Mutual, Will worked in private practice with the law firm of Pinna Johnston & Burwell.
Will earned B.B.A from Stetson University and his J.D. from Wake Forest University School of Law.
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Candace A. Hoffman is the Field Coordinator with the North Carolina Lawyers Assistance Program in Raleigh. She is a licensed North Carolina lawyer and recovery enthusiast. As Field Coordinator, Candace assists the Executive Director and clinical staff in LAP volunteer management, in providing administrative support for clinical staff to ensure continuity of care, treatment placement, reporting and program support.
Candace comes to LAP from the Department of Justice, where she worked in health care, representing the Division of Health Benefits and the Division of Health Service Regulation of the Department of Health and Human Services. She was a litigator and appeared in Superior Court as well as the Office of Administrative Hearings. Her work exposed her to the challenges and complexities of the mental health and substance abuse treatment fields. Before taking this position as LAP Field Coordinator in the spring of 2020, Candace was a LAP volunteer for six years.
Candace graduated from Meredith College, cum laude, and Thomas Jefferson School of Law in San Diego.
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Sharon D. Nelson is the President of Sensei Enterprises Inc. in Fairfax, VA, a national digital forensics, cybersecurity and information technology firm.
Sharon is the author of the noted electronic evidence, cybersecurity and future of law blog, Ride the Lightning and is a co-host of the Legal Talk Network podcast series called "The Digital Edge: Lawyers and Technology" as well as "Digital Detectives." She is a frequent author (eighteen books published by the ABA and hundreds of articles) and speaker on legal technology, cybersecurity and electronic evidence topics. She was the President of the Virginia State Bar June 2013 – June 2014 and a past President of the Fairfax Law Foundation and the Fairfax Bar Association.
Sharon became Chair of the American Bar Association Law Practice Divisions Professional Development Board in August 2015 and served as the former Chair of its Publishing Board. She served three years on the ABA's Cybersecurity Legal Task Force and has served on the ABA's Standing Committee on Technology and Information Systems since 2012. From 2012-2014, she served in the ABA's House of Delegates. She was inducted into the College of Law Practice Management in 2014. She is also a graduate of Leadership Fairfax, a past chair of the American Bar Association's TECHSHOW, the Chair of VSB TECHSHOW 2014, 2016, 2017, 2018, and Co-Chair 2019, and served for many years on the Virginia State Bar Governing Council and on its Executive Committee, on its Standing Committee on Budget and Finance, and was the former Chair of the Unauthorized Practice of Law Committee. She was Chair of the Virginia State Bar's Future of Law Practice Committee and its Better Annual Meeting Committee (2016-2019). She served on the Virginia State Bar's President's Committee on Lawyer Wellness (2018-2019). She is a member of the Virginia Women's Attorneys Association, the Virginia Bar Association, the Virginia Association of Criminal Defense Lawyers and the Virginia Trial Lawyers' Association.
She is a co-author of The 2008-2020 Solo and Small Firm Legal Technology Guides (American Bar Association, 2008-2020), Locked Down: Practical Information Security for Lawyers (American Bar Association, 2016), Encryption Made Simple for Lawyers (American Bar Association, 2015), Locked Down: Information Security for Lawyers (American Bar Association, 2012), The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines (American Bar Association, 2006) and Information Security for Lawyers and Law Firms (American Bar Association, 2006), as well as How Good Lawyers Survive Bad Times (ABA, 2009).
Sharon graduated from Georgetown University Law Center and has been in private practice ever since, now focusing on cybersecurity, data privacy and related ethical issues.
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Amy E. Richardson is a partner with HWG LLP in Raleigh, where she serves as Chair of the Legal Ethics and Malpractice group. Her practice focuses on legal ethics and professional responsibility matters, white collar defense and complex commercial litigation.
In her Legal Ethics and Malpractice role, Amy counsels and represents lawyers and law firms in disciplinary investigations and prosecutions and malpractice matters. Her disciplinary experience includes matters before multiple state bars, the USPTO's Office of Enrollment and Discipline (OED) and the Office of Professional Responsibility (OPR). She has represented individual lawyers and law firm in high stakes arbitrations related to partner departures. She also counsels and advises lawyers and law firms in partner admissions and departures, and law firm dissolutions. Amy teaches legal ethics and professional responsibility at Duke University School of Law and Georgetown University Law Center.
In her Complex Civil Litigation practice, Amy handles complex civil cases in federal court, state court, and in arbitration proceedings throughout the United States. She has been involved in several high profile matters. She also works closely with the firm's telecom practice in cases involving the communications-technology industry, including Telephone Consumer Protection Act, intercarrier compensation and access fee disputes.
In her Regulatory Compliance and White Collar Criminal Defense practice, Amy has successfully represented companies before federal and state regulatory agencies and Offices of Inspector General. Her extensive white-collar criminal defense experience includes preparing clients for grand jury appearances and trial work. She also assists clients in identifying, complying with and discovering noncompliance with complex and evolving federal regulatory requirements.
Amy has been recognized by multiple publications for excellence, receiving top rankings for North Carolina litigators in Chambers USA, Best Lawyers, Super Lawyers, and Business North Carolina's "Legal Elite." She is a frequent speaker and leader on ethics and litigation issues. Amy has served as an advisory member of the North Carolina State Bar Ethics committee and as the current Vice Chair of the North Carolina State Bar Client Security Fund. She is the Immediate Past Chair of the North Carolina Bar Association's Litigation Council. Amy is also a member of Federation of Defense & Corporate Counsel (FDCC), Association of Professional Responsibility Lawyers (APRL) and DRI.
Amy earned her her B.A., summa cum laude, from the University of North Carolina and her J.D., cum laude, from Duke University School of Law.
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John W. Simek the Vice-President of Sensei Enterprises Inc. in Fairfax, VA. Sensei is a national managed IT service provider, digital forensics and managed cybersecurity firm. He currently provides information technology support to hundreds of Washington D.C. area law firms, legal entities and corporations. He has a national reputation as a digital forensics technologist and has testified as an expert witness throughout the United States.
John holds the prestigious Certified Information Systems Security Professional (CISSP) and EnCase Certified Examiner (EnCE) certifications. He is also a Certified Ethical Hacker (CEH), Certified Handheld Examiner, Certified Novell Engineer, Microsoft Certified Professional + Internet, Microsoft Certified Systems Engineer, NT Certified Independent Professional, and a Certified Internetwork Professional.
John is a co-host of the Legal Talk Network podcast "Digital Detectives", with Sharon Nelson, and a co-author of Locked Down: Practical Information for Lawyers 2nd Edition (American Bar Association, 2016), Encryption Made Simple for Lawyers (American Bar Association, 2015), Locked Down: Information Security for Lawyers (American Bar Association, 2012), The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines (American Bar Association, 2006), Information Security for Lawyers and Law Firms (American Bar Association, 2006), The 2008-2020 Solo and Small Firm Legal Technology Guides (American Bar Association, 2008-2020) and a contributing author of eDiscovery, 3rd Edition (Pennsylvania Bar Institute, 2014). He is a frequent author and speaker on cybersecurity, legal technology and electronic evidence throughout the country.
John earned a degree in engineering from the United States Merchant Marine Academy and an M.B.A. in Finance from Saint Joseph's University.
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Lauren E. Snyder is a partner at HWG LLP in Raleigh, where she is Vice Chair of the firm’s Legal Ethics and Malpractice group. She focuses her practice on legal ethics and malpractice, complex civil litigation, and government enforcement actions. She practices in Washington D.C. and Raleigh.
Lauren has represented various individuals and corporations in a wide range of federal criminal investigations and prosecutions, including investigations and prosecutions related to price-fixing cartels, mail and wire fraud, "off label" use of medical devices, and financial crimes. She has served as both defense and plaintiff's counsel and has been involved in all aspects of litigation, from initial case assessments to trials and appeals.
Prior to joining HWG, Lauren was an associate at Cleary Gottlieb Steen & Hamilton LLP, where her practice focused on litigation and regulatory antitrust matters.
Lauren currently serves on the Board of Wake Women Attorneys. She also serves as the Nominating and Public Service Awards Committee Chair on the Board of the North Carolina Association of Women Attorneys, the Membership Chair for the North Carolina Bar Association's Antitrust and Complex Business Disputes Law Section.
Lauren has previously taught Legal Research and Writing as an adjunct professor at George Washington University Law School.
Lauren earned her B.A., summa cum laude, from Vanderbilt University and her J.D., with high honors, from the George Washington University Law School. While in law school, she was a member of The George Washington Law Review and a Dean's Fellow for the Legal Research and Writing Program. She served as a legal intern for the Victim Witness Assistance Unit for the U.S. Attorney's Office for the District of Columbia.
Prior to entering law school, she taught at-risk middle school students through Teach for America, where she helped implement a gang prevention program.
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