Features

Cybersecurity

Who Bears the Risk of Loss When a Hacker Targets a Settlement?

Author Steven Puiszis is a partner in the Chicago office of Hinshaw & Culbertson LLP. He serves as the Firm's General Counsel on Privacy, Security & Compliance. This timely article discusses Bile v. RREMC, LLC, a 2015 district court case which concluded that an attorney owes a duty to notify opposing counsel when the lawyer becomes aware that a hacker is targeting a settlement involved in one of the lawyer's cases. In addition to examining the district court’s ruling, Puiszis discusses risk management issues for lawyers and law firms, as well as social engineering and phishing risk management considerations. To conclude he provides a sample law firm policy that addresses these issues.

Professional Development

Legal Ethics Education: From Academic Foundation through Professional Practice

This article by Arthur Gross-Schaefer, J.D., CPA and Rabbi & Lawrence P. Kalbers, Ph.D., CPA considers ethics education in undergraduate programs, law schools, and continuing professional development for practicing professionals. It reviews and evaluates the legal profession, and particularly Continuing Legal Education (CLE) ethics courses, as an example of the need for a broader, principles-based approach to ethics education in academic programs and continuing education for professionals. Recommendations are presented on how tools, such as listing core values, creation of a personal mission statement, and the utilization of a comprehensive ethical decision model, can be incorporated into CLE ethics courses for attorneys as well as in ethics education in business law courses and law programs. Results are presented from a survey about ethical dilemmas that was developed and distributed to a sample of lawyers taking CLE ethics courses. Finally, this paper demonstrates how the recommended tools can be employed to enhance business law courses, law school courses, and CLE ethics courses for discussing and solving ethical dilemmas, particularly those that cannot be satisfactorily resolved using a rules-based approach.

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The Professional Lawyer is a periodical covering current issues, trends and controversies in the fields of legal and judicial ethics and professionalism.

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