The Ethical Challenges of Remote Work: The Four Critical Duties Lawyers Must Uphold
-min.avif)
Maureen O’Neill serves as Consilio’s Diversity, Equity & Inclusion Officer. She leads the development and implementation of the company’s strategies, policies, and programs for ensuring a diverse, inclusive, and equitable workplace. Maureen guides the organization in carrying out its mission of attracting and encouraging a diversity of backgrounds, experiences, and ideas, and fostering an inclusive culture among its global workforce.
Prior to joining Consilio, Maureen was a partner at Paul Hastings LLP, where she represented Fortune 100 and other multinational companies in complex employment litigation, including class and collective actions. Maureen also cochaired the Firm’s E-Discovery Practice Group. In that role, she advised clients on various e-discovery issues, and consulted internally with attorneys at the Firm on best practices for litigators engaged in e-discovery.
Summary
When working remotely, there are circumstances that can compromise a lawyer’s professional obligations, such as a lack of privacy at home, cybersecurity risks, and the difficulty of supervising others remotely. While working from home or another remote location may present challenges, your ethical obligations as a lawyer require that you continue to fulfill the duties imposed by the applicable rules of ethics, regardless of location. Those duties include the duty of competence, the duty of diligence, the duty of confidentiality, and the duty to supervise.
This white paper provides a summary of the key ABA Model Rules of Professional Conduct that are implicated by remote work, and practical suggestions for how you can fulfill them. The strategies described in this paper – from identifying security risks and maintaining awareness, to communicating clearly and making time for self-care – can help you provide competent and diligent representation, protect client-confidential information, and effectively supervise others – even while working away from the office.
In this Whitepaper
- The Four Core Duties
- The Challenges Posed by Remote Work
- Tips for Meeting Those Challenges
Key Insights
- The Importance of Following Policy
- The Dangers of Shared Spaces
- The Value of Patience and Grace
Summary
When working remotely, there are circumstances that can compromise a lawyer’s professional obligations, such as a lack of privacy at home, cybersecurity risks, and the difficulty of supervising others remotely. While working from home or another remote location may present challenges, your ethical obligations as a lawyer require that you continue to fulfill the duties imposed by the applicable rules of ethics, regardless of location. Those duties include the duty of competence, the duty of diligence, the duty of confidentiality, and the duty to supervise.
This white paper provides a summary of the key ABA Model Rules of Professional Conduct that are implicated by remote work, and practical suggestions for how you can fulfill them. The strategies described in this paper – from identifying security risks and maintaining awareness, to communicating clearly and making time for self-care – can help you provide competent and diligent representation, protect client-confidential information, and effectively supervise others – even while working away from the office.
In this Whitepaper
- The Four Core Duties
- The Challenges Posed by Remote Work
- Tips for Meeting Those Challenges
Key Insights
- The Importance of Following Policy
- The Dangers of Shared Spaces
- The Value of Patience and Grace
