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Discussion Week 6 General Instructions for Discussion
Post responses in public discussion forum.
Create a new thread for each posting. Please put the following in the subject line: Discussion + your name.
Address each classmate by name in responses; sign your name to each posting.
Refer to course materials, cases, and/or statutes to support conclusions in discussion postings. Part 1: due 11:59 pm, ET, Saturday; Part 2: due 11:59 pm, ET, Tuesday
Attorney Yeats believes that it is important for Committee employees to be aware of current issues and changes in career roles in the legal profession, especially those relevant to ethical obligations in the profession. To that end, Yeats is leading a discussion at the Committee’s next “Lunch and Learn Seminar”. Yeats has asked you to be prepared to begin the discussion with the following question.
E-filing* of court documents is commonplace now in most courts at the state and federal levels, including the US Supreme Court. E-filing is becoming increasingly mandatory. It has obvious advantages.
Identify and discuss 2 possible ethical issues/risks of e-filing related to either the Model Rules or the Model Guidelines and why these are potential ethical issues/risks. Identify the number/title of the relevant Model Rules and/or Model Guidelines.
Part 2:
Respond to 2 colleagues’ postings to Part 1.
Label all parts of response.
Support all conclusions in detail, specifically, in depth, and with reference to relevant assigned course materials.
Use correct, complete sentences in paragraph format.
Arial or Times Roman, size 12 font.
* E-filing is the process of electronically filing court documents by attorneys or their legal representative by uploading documents into a court’s database…………………..
Part 2 student response 1……………………….Assignment – Identify and discuss 2 possible ethical issues/risks of e-filing related to either the Model Rules or the Model Guidelines and why these are potential ethical issues.
It sounds easy, just a couple of clicks and off it goes to the court. Well, maybe not all that easy. It’s critical for lawyers and paralegals to know exactly what each individual court’s requirements are for e-filing. Each court may be different. And some courts have expressed dissatisfaction at attorneys who fail to understand e-filing requirements. Model Rule 1.1 comment 8 states “To maintain the requisite knowledge and the skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits associated with relevant technology”.
Things can go wrong with e-filings and it could cost you a case, or worse a malpractice claim filed against you. Missing a deadline due to technology glitches is not an excuse the courts will accept kindly. It’s up to lawyers and paralegals to make sure they know exactly how to e-file and having faulty computer equipment that crashes is like telling the court “the dog ate my homework” excuse. Cases have been lost or tossed out of court for not e-filing on time. That’s why Model Rule 1.1 is ever changing. “It is currently expanding as legal technology solutions expand…a lawyer can not simply learn technology today and never again update their skills or knowledge”.
Another problem area can be inadvertently sending confidential client docs when e-filing leading to a confidentiality breach. Many e-filing documents are available to the public right away and trying to claw them back from the files takes a court hearing. If that happens, and it has happened in the past, the lawyer would be in violation of Model Rule 1.6 – which covers the duty of confidentiality. Essentially, there are no excuses when it comes to e-filing and the courts have repeatedly rejected excuses when it comes to someone’s unfamiliarity on filing procedures……………………..
Part 2 student respnse 1……………………..Assignment – Identify and discuss 2 possible ethical issues/risks of e-filing related to either the Model Rules or the Model Guidelines and why these are potential ethical issues.
It sounds easy, just a couple of clicks and off it goes to the court. Well, maybe not all that easy. It’s critical for lawyers and paralegals to know exactly what each individual court’s requirements are for e-filing. Each court may be different. And some courts have expressed dissatisfaction at attorneys who fail to understand e-filing requirements. Model Rule 1.1 comment 8 states “To maintain the requisite knowledge and the skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits associated with relevant technology”.
Things can go wrong with e-filings and it could cost you a case, or worse a malpractice claim filed against you. Missing a deadline due to technology glitches is not an excuse the courts will accept kindly. It’s up to lawyers and paralegals to make sure they know exactly how to e-file and having faulty computer equipment that crashes is like telling the court “the dog ate my homework” excuse. Cases have been lost or tossed out of court for not e-filing on time. That’s why Model Rule 1.1 is ever changing. “It is currently expanding as legal technology solutions expand…a lawyer can not simply learn technology today and never again update their skills or knowledge”.
Another problem area can be inadvertently sending confidential client docs when e-filing leading to a confidentiality breach. Many e-filing documents are available to the public right away and trying to claw them back from the files takes a court hearing. If that happens, and it has happened in the past, the lawyer would be in violation of Model Rule 1.6 – which covers the duty of confidentiality. Essentially, there are no excuses when it comes to e-filing and the courts have repeatedly rejected excuses when it comes to someone’s unfamiliarity on filing procedures…………………..
Part 2 student response 2………………Week 6 discussion – Luileadny Navas Gonzalez
Contains unread posts
Luileadny Navas Gonzalez posted Feb 16, 2021 9:36 PM
Identify and discuss 2 possible ethical issues/risks of e-filing related to either the Model Rules or the Model Guidelines and why these are potential ethical issues/risks. Identify the number/title of the relevant Model Rules and/or Model Guidelines.
-Now more than ever e-filing has become a useful tool for the judicial system in making sure people are staying safe of covid-19 by avoiding in person contact. Although it has helped in keeping the case flow going it has also come with some risks and ethical issues. Not everyone today is technologically savvy and as more technology is being used within the court system, more rules and processes for filing has begun to be implemented. In order to make sure things are being done correctly and people’s filings are submitted timely and correctly attorneys need to attend trainings of technological programs in order to know what they are doing and properly complete the duty they have to their client (Tashea, 2018). If an attorney isn’t competent in the technology of e-filing they would be in violation of ABA Model Rule 1.1 which state’s A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation” (American Bar Association [ABA]a, Center for Professional Responsibility, 2020). Another issue with e-filing is the risks of cyber attacks where confidential information can be breached. This would be a potential risk in accordance to Model Rule 1.6. The ABA Model Rule 1.6 state’s that “[a] lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is [otherwise] permitted [under this rule]” (American Bar Association [ABA]b, Center for Professional Responsibility, 2020). The way to prevent this would be if the lawyer makes sure they are sending items over a closed network or an encrypted system that requires signature.

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