Mid-Year Ethics Checkup: Keep an Eye on Technology & Prosper

BY JEANNE M. HUEY

2023 is well underway, and a mid-year review is a great opportunity to think about effective marketing and your use of technology in your practice to competently serve your clients.

Start with a review of your internet presence: If you are like most lawyers, you know that (1) clients check out every lawyer they consider hiring on the internet; and (2) internet search engines use mysterious algorithms to determine what the public sees about us. That means, to boost your presence on the internet and maximize its positive impact on your practice, you need to know what the internet says about you.

Are there reviews of your work left by someone whom you are certain was never a client? Most sites will remove these if you rect information about your practice on internet sites that you do not control, having such information can result in a negative impression of your practice, as well as missed inquiries from potential clients.

If you locate negative reviews, you need to address them with care. Lawyers are limited by the duty of confidentiality (Rule 1.05) in responding to negative reviews. Texas Ethics Opinion 662 explains that a Texas lawyer may post a “proportional and restrained response” to a negative review if the lawyer takes care not to reveal any confidential information or violate any other disciplinary rule. The wise lawyer will use the response suggested in the Opinion if a response seems necessary. You can also offset negative ratings or reviews by asking clients to post positive ones. The disciplinary rules do not prohibit lawyers from encouraging cur- we have your ct information.

NG OUR EMAILS?

Log in to your "My DBA Page," and click ‘Update Profile’ or email membership@dallasbar org

WWW.DALLASBAR.ORG categories are promptly corrected. (Texas Ethics Opinion 685).

Finally, learn a bit about SEO (search engine optimization). SEO is a great way to market by enhancing your internet presence and moving your name towards the top of the list in response to client searches. You can improve your SEO just by frequently posting on and updating your website, blog, and social media sites. Commit to and calendar frequent updates and posts for the remainder of the year.

The internet is not the only technology that warrants your attention. The duty to stay abreast of changes in technology is explicitly set out in the comments to Texas disciplinary Rule 1.01 regarding competence. And there are numerous other disciplinary rules implicated in the competent use of technology: Rule 1.05 (Confidentiality) requires lawyers to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of information relating to the client’s representation; Rule 1.03 (Communication) requires us to communicate appropriately with clients both to keep them informed and to discuss how their objectives are to be accomplished.

Rule 5.03 (Responsibilities Regarding Non-Lawyer Assistants) Comment 2 admonishes that all Texas lawyers should have measures in place to ensure that the conduct of non-lawyers employed or retained by the firm or legal department is compatible with all the professional obligations of a lawyer. If you do not already have written policies and procedures in place regarding technology, now is the time to put your practices in writing and undertake training in technology for everyone involved in your practice—training that should take place at least twice a year.

Now is also a good time to get ahead of the curve with respect to new dangers and developments in technology. Texas Ethics Opinion 648 concluded in 2015 that the use of unencrypted email did not violate a lawyer’s duty to keep client information confidential, but warned that as technology developed, this conclusion could change.

At its most basic, encryption is one of the fundamental building blocks of cybersecurity, where it is used to protect data from being stolen, changed, or compromised. Given the frequency of news reports and warnings from the American Bar Association about cybercriminals accessing or stealing client data, consider making encryption of certain kinds of information and communications a required part of your practice and confirm data stored in the cloud is secure.

Your internet presence and the technology necessary for your practice are constantly changing. Stay on top of both issues with a mid-year review of these key aspects of your practice and finish 2023 stronger than you started. HN

Jeanne M. Huey is Managing Partner at Hunt Huey PLLC and can be reached at jhuey@hunthuey.com.

DBA Allied Bars Equality Committee MOVIE IN REVIEW: “TILL”

Monday, May 15 | Noon | Via Zoom MCLE: 1.00 DEI Ethics

Speakers: Ms. Opal Lee

Hon. Renee Toliver, U.S. District Court Northern District moderated by Ashley Wright, Winston & Strawn LLP

Backpack Drive Backpack Drive

The DBA Community Involvement Committee is partnering with Community Partners of Dallas to provide backpacks filled with school supplies to abused and neglected children.

Bring donations to the Arts District Mansion June 19- 30 or scan the QR code to purchase from the Amazon wishlist.

Questions? Contact Lauren Green at lagreen@bradley.com

Scan to donate