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The Ethical Challenges of Remote Work: The Four Critical Duties Lawyers Must Uphold

Written by admin

Updated: Apr 05, 2023

Authors

Maureen O’Neill

Senior Vice President, Strategic Engagement

About Author

Maureen O’Neill is the Senior Vice President of Strategic Engagement. Drawing on more than 25 years of experience providing dedicated client service as an attorney and consultant, Maureen engages with Consilio’s customers to ensure a best-in-class client experience. She works cross-functionally across the company to develop and deploy best practices that embed Consilio’s commitment to service excellence, and to deliver the highest levels of quality and value. She seeks opportunities to create differentiating moments for clients—from bespoke educational sessions to loyalty programs to peer networking events—to foster client satisfaction and loyalty. Maureen also serves as Consilio’s Diversity & Inclusion Officer. She leads the development and implementation of the company’s strategies, policies, and programs for ensuring a diverse, inclusive, and equitable workplace.

More from the author

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

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