Continuing Legal Education

TELESEMINAR: Attorney Ethics in a Digital and Wireless World – A National Perspective [LIVE REPLAY]

November 13, 2013
12:00 – 1:00 p.m.
1.00 MCLE hours, including 1.00 approved Professional Responsibility MCLE credit hours


This program will highlight four major ethical issues when attorneys use common digital technology in their practices. The foremost duty is that of competence. Attorneys are required to understand how technology they use in practice may impact their ethical responsibilities. The next most pressing duty is confidentiality: When using remote networks, smartphones, shared networks and other convenient technology, how must attorneys safeguard client information?  Law firms also regularly issue e-newsletters or “legal updates” or maintain blogs to communicate with current, former and prospective clients. How do these uses potentially violate restrictions on attorney advertising – and even give rise to conflicts of interest? This teleseminar program, which was originally presented on January 25, 2013, will provide you with a real world guide to how using digital technology impacts attorney ethics in competence, confidentiality, attorney advertising and conflicts of interest. Please Note: Attorneys may not receive credit for viewing the same program more than once within a 12 month period.)


  • Four major ethics issues when attorneys use commonplace digital technology in law practice
  • Competence – ethical requirement to understand how technology works and impacts law practice
  • Confidentiality – safeguarding client information from being comprised inadvertently through communications technology
  • Attorney marketing – how blogging, LinkedIn, email newsletters and more might violate restrictions on marketing
  • Conflicts – how regular communication with current, former and prospective clients might give rise to conflicts


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Program Speakers:
Michael E. Lackey
, Mayer Brown, LLP, Washington, D.C.
Brian S. Faughnan, Thomason Hendrix Harvey Johnson & Mitchell, PLLC, Tennessee


Michael E. Lackey is a partner in the Washington, D.C. office of Mayer Brown, LLP, where he has an extensive litigation practice representing companies and individuals in federal court and has developed a specialty in advising clients on a wide range of e-discovery issues. He is an advisory board member of the Georgetown University Law Center Advanced E-Discovery Institute and serves as an Adjunct Professor of Law at George Washington University Law School.  Before entering private practice, he served as a judicial clerk to Judge Jacques L. Wiener, Jr. of the U.S. Court of Appeals for the Fifth Circuit.  Mr. Lackey received his B.S. from the Massachusetts Institute of Technology and his J.D. from the George Washington University Law School.

Brian S. Faughnan is special counsel in the Memphis office of Thomason Hendrix Harvey Johnson & Mitchell, PLLC, where he represents clients in a wide variety of matters at the trial level and on appeal.  He counsels lawyers and law firms on a wide variety of issues surrounding legal ethics and professional responsibility. He is the chair of the Tennessee Bar Association’s Standing Committee on Ethics and Professional Responsibility, a reporter for the committee’s rules revision project, a member of the Association of Professional Responsibility Lawyers, and a member of the Media Law Resource Center’s Ethics Committee. Mr. Faughnan received his B.A. from Rhodes College and his J.D., magna cum laude, from the University of Memphis School of Law.