The COVID-19 pandemic has brought immense changes in the lives of the common people. Although even before the pandemic took place, technology has been an integral part of a person’s life for the last decade, the advancement in technology has been growing at a rapid pace. The most growth in technology has been observed in the communication sector.
After the pandemic, doing things remotely has been established in daily work. Even communicating remotely has become a new social norm, be it through social media conference calls or even text messages, and this remote communication has stepped into the professional world right after the whole world was shut down.
Remote Lawyering Ethics
If we look particularly into the legal sector, most of the attorneys nowadays are using different forms of telecommuting to report in the legal practices. Many conversations between the client and the attorney have now been done through digital modes rather tha face to face-to-face conversations. Communication and practicing law remotely have been beneficial for both sides, as each party has the privilege to be in their preferred place.
Although nowadays most lawyers and attorneys have been using remote methods for counseling and practicing but there are some rules and ethics that each attorney or lawyer should follow while working remotely. There will be several sensitive pieces of information about the client and the case, which can be compromised if no precautions are taken beforehand.
Maintaining Confidentiality in Remote Lawyering
Maintaining confidentiality while practicing remotely can be challenging for lawyers, as in the current scenario, there are scammers and fraudsters waiting for a little misstep to breach data and misuse it. And in the legal sector, it is very important to maintain confidentiality, or else it would hamper the case filed.
- Protecting the sensitive information of the client
Every lawyer, whether practicing remotely or manually, should be very careful around the sensitive information of the client and the risk of data breach, which could happen due to a lack of cybersecurity. To maintain this, one should always use secure platforms for communications and always secure them with high encryption and a password
- Informed consent
All the data stored from the client during the digital conversation should be informed to the client. Some clients may also have some special concerns about confidentiality. In that case, lawyers should conduct the proceedings with utmost security. Anything implemented in the communication channel, be it an additional security measure, should be informed and have the consent of both parties.
- Secured Virtual Meetings
While working on any case remotely, there might be situations where virtual meetups would be needed. So while conducting a virtual meeting, each lawyer should make sure the channels are safe, encrypted, private, and have secure networks.
- Try to avoid public wifis
Public wifis often becomes the target of cyber or digital threats, and if a lawyer uses then, it might be a huge risk to the confidentiality and the sensitive information of the client and their case.
- Educate your clients
It is the responsibility of an attorney and a lawyer to guide their clients about the risks of virtual communication. They should be educated on how they can protect their data online and avoid disclosing confidential information.
- Keep a check on the surroundings
If you are a lawyer and you are working remotely, you should be mindful of the area you are sitting in and also take extra precautions to mitigate any risk of data piracy while working.
What are the ethical uses of technology while practicing law?
- AI and bias
Taking the help of AI tools can increase efficiency and also help in decreasing time consumption, but one must remember that it is just a tool and can provide biased results, as it will not have the same emotional intellect as a human can have. So, while practicing law with the help of AI, make sure to take certain steps to remove the biasness.
- Competence
Each lawyer should be competent while using technology in their work and practices, and they should understand that technology comes with many limitations and potential risks.
- Privacy of Data
As already discussed, protecting data is very important in the legal field. Because data is the proof of everything, and if there is any leak in the data and the information of the client, it could create a huge ruckus.
- Avoid unauthorized practices
Technology should always be used as an assistance, not as a replacement, because, as of now, there is no such technological advancement that could replace qualified legal counsel. Lawyers should use the technology appropriately and ethically.
Adapting Remote Legal Practices Across Legal Specializations
This digital era has brought many changes and alterations in the working of the legal field and practices. Due to the advancement in technology, many legal firms have started using digital tools and platforms. Below are examples of how different legal fields have been adopting the technologies in their practices.
Personal injury lawyer
- Using digital tools for maintaining electronic medical evidence and records
- Using social media and data stored in online platforms for investigating cases, and also for gathering evidence
- For virtual consultation with clients and the witnesses of the case, many are using digital tools. It enhances the efficiency as well as the accessibility.
Corporate Lawyer
- Using online contact management systems for reviewing, drafting, and signing legal documents
- Many forms use online compliance tools and monitoring tools to keep them updated if there are any changes in the law.
- Using AI for many due diligence processes and also for analyzing large amounts of data in the corporate sector.
Family lawyer
- Using tools and online platforms for mediation and resolving disputes between procedures
- Tools like digital case management that help in storing sensitive documents, such as marital assets and custody agreements
- Virtual tools for consulting clients specifically in the case of cross-jurisdictional.
Summary
Using AI and technology in the current era has not only become a help, but it is a necessity. As the technology is growing, so are the chances of digital fraud and misuse. If AI and technology are being used in the legal field, they should be used very carefully, and massive security measures should be implemented to protect clients’ data and sensitive information. As any leak would hamper both the case and the image of the attorney.
