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School of Law

Spring 2017

Technology Every Ethical Lawyer Must Understand

January 5, 2017
Faculty: Dr. Gregory B. Adams, School of Law, University of South Carolina

Lawyers must be competent and must protect their clients’ confidential information. These ethical duties are two of the bedrocks of the Rules of Professional Conduct. Competence includes knowledge about the technology lawyers use in the course of representing, counseling, and communicating with and for their clients. Although these duties are rules of reason, what is reasonable is informed by legal requirements, such as privacy laws, as well as practices commonly recommended by experts and law enforcement. It is not reasonable to be a luddite merely because many lawyers are luddites.

This program will outline what lawyers must, at a minimum, know about computers, tablets, smartphones, email, cloud computing, and the internets. Attendees will receive an extensive list of technology resources for lawyers and law firms.
Dr. Adams has taught at the law school for 38 years, specializing in legal ethics, judicial ethics, law practice technology, as well as commercial and business law. He holds LL.M. and J.S.D. degrees from Columbia University School of Law and a J.D. and B.S. from LSU. He served for nearly two decades as a member of the South Carolina Bar Professional Responsibility Committee and presented its Report to the House of Delegates on the Adoption of the A.B.A. Ethics 2000 revisions to the Rules of Professional Conduct. He is a member of the A.B.A. Law Practice Division’s Committee on Ethics and Professionalism and its Law Practice Futures Initiative.

Dr. Adams has provided ethical guidance and expertise to hundreds of lawyers and law firms throughout this and other states, including most of the major law firms in South Carolina. He has been recognized by the South Carolina Supreme Court, the Court of Appeals, and Federal Courts as an expert on lawyers’ ethics and on business. Three South Carolina Attorneys General, the South Carolina Secretary of State, the United States Attorney for the District of South Carolina, and the U.S. Securities and Exchange Commission have relied upon his expertise to guide and assist them in significant criminal investigations and prosecutions. He has spoken on lawyers’ ethics at hundreds of Continuing Legal Education programs.

Legal Services Clients Need from Tech-Savvy Lawyers

January 19, 2017
Faculty: Jacqueline “Jax” M. Pavlicek, Esq. CIPP/US, Callison Tighe & Robinson

Lawyers who understand technology and laws governing its use offer important competencies to clients, not only in general, but in providing specialized counseling and advice as well as representation in litigation involving these issues. Lawyers frequently represent clients facing legal problems in these areas, and to fulfill their ethical duties, lawyers must provide competent representation or decline the matter. Young lawyers can develop their tech expertise and legal knowledge into valuable credentials that are attractive to employers and clients alike and use these abilities to attract clients and develop new kinds of services that are not already offered by their law firm or prospective firm. One of the most important issues for clients is protection of privacy rights related to digital information, which is stored in the cloud and transmitted electronically via the Internet. Similarly, lawyers have the ethical duty of confidentiality.

Jacqueline Pavlicek will discuss her experience in doing exactly that, offering insights into ways to develop expertise and skills and to attract clients by offering needed legal services that are not widely available, and to do it in ethically permissible ways.
Jacqueline “Jax” Pavlicek joined Callison Tighe as an associate in May 2014, after serving as a staff attorney for the South Carolina Court of Appeals. Since joining the firm she has concentrated on litigation and appellate work, including involvement in the case that paved the way for making same-sex marriage legal in South Carolina.

Pavlicek holds a CIPP/US designation from the International Association of Privacy Professionals (IAPP). She earned that credential after completing lengthy training and passing a comprehensive exam covering privacy and data protection laws and best practices. She provides clients in the private sector with counsel and representation in privacy matters, including helping clients respond in the event of data breaches. She can help businesses or organizations draft policies that comply with privacy laws.

Additionally, Pavlicek serves as a Young Privacy Professional Leader in the IAPP’s Columbia based KnowledgeNet chapter.

Legal Issues in Virtual Reality for Developers, Consumers and Entrepreneurs

February 2, 2017
Faculty: Brandon Huffman Esq. — Hutchison, PLLC

This program will cover the history and state of virtual reality and augmented reality as well as legal concerns of developers and consumers including intellectual property, privacy, speech, impersonation, jurisdiction, risk of injury and potential applications for lawyers.

Tools to Help Victims of Nonconsensual Pornography

February 16, 2017
Faculty: Adam G. Massey, Esq., Associate, C. A. Goldberg, PLLC

This CLE will focus on the intersection of technology and personal privacy through the lens of nonconsensual porn — better known as “revenge porn”. Now criminalized in 34 states and the District of Columbia, nonconsensual pornography has harmed thousands of victims. The program will offer insights for practitioners, scholars and law students into state of the law, how it impacts victims, and the way forward in combating this crime.

The program will highlight best practices developed to address this topic, particularly the varied toolkit available to mitigate the harm of nonconsensual pornography, protect victims and de-anonymize offenders. In particular we will discuss how to respond in states, such as South Carolina, that lack criminal nonconsensual pornography laws.

Digital Forensics 101

March 2, 2017
Faculty: Dean Fowler, M.Ed. — Digital Forensics Examiner (ACE, CCLO, CCPA) — Liberty Associates

In today’s world, digital devices are generating massive amounts of data. This large amount of data must be properly handled and analyzed in a specific manner to ensure the integrity of the data. The science of Digital Forensics is very complex and can be overwhelming if the basics are not understood. The course will provide an overview of digital forensic terminology, concepts, and case examples that will be helpful for attorneys to handle their cases more effectively.

By the end of the course, attorneys will have basic information needed to understand the process of computer forensics, cell phone forensics, the main areas of focus in digital forensics, and the proper methods for seizure and search of electronic evidence.

Tips and Tools for Cloud Based Family Law Software

March 16, 2017
Faculty: Sean Keefer, Esq.

The CLE addresses tips and techniques related to the following:

  • The proper preparation of Financial Declarations, including information on engaging clients productively in the process.
  • How to best use the South Carolina Child Support Guidelines when preparing child support cases.
  • Thoughts on unique child support cases and strategies on applying the South Carolina Guidelines to the same.
  • Matters related to calculating Net Available Income for support cases.
  • Issues related to organizing and analyzing property division.
  • Online security and the use of Cloud based software in the legal setting.
  • Ethical considerations to all of the above.

The session is designed to be interactive and uses as a tool for demonstrating the above.

Lean Law Firm Management

March 23, 2017
Faculty: Dave Maxfield, Esq.

Dave Maxfield shows you how medium and small law firms can use techniques developed for manufacturing (Toyota Production System, Lean Management, Theory of Constraints) to run a profitable law office based on speed and flexibility.

Dave Maxfield is a practicing attorney with over twenty years’ experience in small and solo firms, specializing in consumer protection law in Columbia, South Carolina. He is a three-time ABA TechShow speaker on mind-mapping and paperless technology. Dave has also taught mind-mapping and Information Visualization techniques to lawyers as a consultant, as a lecturer at national and regional ABA and AAJ conferences, and to law students at Harvard, the University of Colorado, William & Mary, and UCLA.

Challenge the conventional. Create the exceptional. No Limits.