This month the Oklahoma Bar Association Journal has a legal ethics themed issue. We believe in sharing with others in the profession. So you can access the entire issue as a PDF or use the handy index of the Table of Contents to select the articles you wish to read online. https://www.okbar.org/barjournal/august-2023/ Two of the
Legal Ethics
ChatGPT, Artificial Intelligence and the Lawyer
In November 2022, OpenAI released ChatGPT. ChatGPT, along with other artificial intelligence (AI) tools, has dominated the conversation about cutting-edge technology and legal technology tools during 2023. The reactions have ranged from “the most entertaining thing on the internet” to an incredible new tool that will change society in a positive way to a corporate…
Retainers, Advances or Deposits? ABA Ethics Panel Says the Label Doesn’t Matter Because All Must be Held in Trust
Prepaid legal fees and refundability of those fees was the subject of American Bar Association Formal Opinion 505. The recently released opinion states that under the Model Rules of Professional Conduct, a fee paid to a lawyer in advance for services to be rendered in the future must be placed in a client trust…
Should Isaac Asimov’s Three Laws of Robotics apply to AI Tools like ChatGPT?
As we have seen the explosion of ChatGPT and other LLM AI tools, I’m sure I am not the only one who has wondered if designing all of these new tools with scant regulation and maximizing profit as a primary goal is perhaps a bit short-sighted.
So I decided to ask ChatGPT4 what it thought…
Technology Competence for Every Lawyer
Discussing technology competence among lawyers is always an interesting conversation. When we were discussing adopting the technology competence amendment to the Oklahoma Rules of Professional Conduct, one lawyer indicated that he didn’t want to learn how to use Twitter and shouldn’t be forced to by a rule or comment. My unspoken reaction was “You don’t…
Overcoming Trust Account Management Challenges
We recently did a Digital Edge podcast Overcoming Trust Account Management Challenges.
Our guest was Paul Garibian, a fintech expert, entrepreneur, and current CEO of Nota. Nota provides financial services to lawyers including trust accounts with no services charges. We discussed common mistakes lawyers make with their trust accounts, the serious consequences of mismanaging…
Protecting Your Clients When You Aren’t Able to Help
Lawyers often deal with the challenges that occur when people die without making a last will and testament. One result is sometimes intestacy laws distribute property differently than the deceased might have wanted. Additional expenses and legal fees are almost always a result.
Similar challenges and expenses can occur when a lawyer dies or becomes…
ABA’s Law Firm Guide to Cybersecurity
Ransomware and other online attacks have been in the news recently, from shutting down the Colonial Penn pipeline to schools, hospitals, and a meat processing company. FBI Director Christopher Wray has asked victims not to pay ransoms. But the cybercriminals now have a new threat. If the ransom is not paid, in addition to not…
Responding to a Negative Online Review
Negative online reviews can hurt businesses and law firms are no exception. But other types of businesses don’t have to be concerned about confidentiality and attorney-client privilege if they choose to respond to a negative review. Here are some suggestions for lawyers on dealing with negative online reviews.
The American Bar Association released Formal Opinion…
The ethics of lawyers working remotely addressed by new ABA Formal Opinion (December 16, 2020)
Working from home was a big pandemic-related development this year. But the American Bar Association has previously noted that: “Lawyers who continue to provide legal services in the area affected by a disaster have the same ethical obligations to their clients as before the disaster, although they may be able to provide advice outside their…