—When referring to a Rule of Professional Conduct, cite the rule by number and title the first time that you use it. Thereafter, you may use the rule number.
—Generally, apply the Model Rules of Professional Conduct except on those occasions where the Florida Rules differ from the Model Rules in the area of social media and advertising apply.
—You may spot a few issues that were not directly addressed in class. The "Legal Ethics and Social Media," book and The Legal Ethics Advisor Blog (click here) should assist you in identifying and analyzing some of these issues.
—The Final Project is not to be worked on with anyone else.
Required Format: —Your final product should be between fourteen (14) and sixteen (16) pages in length. Page length guides are merely suggestive.
—All papers should be double spaced, in 12-point font, and include page numbers. Please place your AGN atop each page.
Deadline:
—Final projects are to be submitted, with only your AGN to assure blind grading, no later than 5:00 p.m. on Monday, December 18th via e-mail only to Madeline Collazo at mncollazo@law.miami.edu.
Mindful Ethics:
Professional Responsibility for
Lawyers in the Digital Age
Final Paper Project
I. Mindy Assumes a Leadership Role in the Bar
Mindy retires from the bench, has decided to reengage with the bar, and joins its Professionl Ethics Committee which issues advisory opinions. In light of the rapid introduction of AI technologies and well-publicized attorney missteps, the bar has decided to provide guidance to lawyers regarding the use of Generative AI. The committee asked for volunteers to draft the advisory opinion that addresses the following issues:
1) Whether a lawyer is required to obtain a client’s informed consent to use generative AI in the client’s representation?
2) What ethical limitations and conditions apply to a lawyer’s fees and costs when a lawyer uses generative AI in providing legal services?
Mindy volunteers. The opinion must contain the legal ethics rules that are implicated and a discussion of why the rules compel the guidance being offered in the opinion.
(Page Length Guideline: Approx. 1-2 pages)
II. Pedro’s Green Adventures
A. The CEO of BingBong, a medical marijuana vendor, contacts Pedro to obtain legal advice regarding the sale of BingBong’s products in Florida and for assistance in obtaining a patent for BingBong’s newest strain of cannabis.
Pedro does not have any experience representing clients in the cannabis industry but does not want to miss an opportunity to learn this growing area of law. He agrees to meet with the CEO after using ChatGBT to prepare a research memorandum on cannabis law.
Question:
What legal ethics concerns should Pedro consider in connection with deciding to represent BingBong and to use ChatGBT?
B. Impressed with Pedro’s apparently profound knowledge of the medical marijuana business during his first client consultation, the CEO retains Pedro to file the patent application.
Pedro is offered the opportunity to receive stock in BingBong in exchange for his services, or to invest in BingBong.
Question:
What ethical issues should Pedro consider in connection with fees and in deciding whether to invest in BingBong?
C. Later that day, Pedro receives a call from his close friend Derrick. Derrick requests assistance from Pedro in a lawsuit arising from a recent car accident. Pedro agrees to represent Derrick. Derrick mentions that he obtained a medical marijuana license to help with the pain which reconfirms Pedro’s decision to learn that area of the law.
Questions:
1. What, if any, conflict issues arise as a result of Pedro’s representation of Derrick given his prior representation of Derrick’s former wife Samantha and her business?
2. Assuming that Pedro still represents Samantha, what conflicts, if any, arise, in connection with Pedro’s representation of Derrick?
D. Pedro turns to the BingBong patent matter. He locates and reviews (the overwhelming) 147-page patent file for another company’s marijuana strain. Pedro realizes that he needs assistance and retains the AI vendor PatentsRUS to assist him in filing BingBong’s patent application.
Question:
What ethical issues arise as a result of Pedro outsourcing BingBong’s patent application to PatentsRUS?
(Page Length Guideline: Approx. 4-5 pages)
III. Pedro’s Law Firm Social Media & Technology Workshop
Pedro’s firm has grown and based on his new involvement with the local bar, he has become increasingly concerned about the use of social media and technology by his attorneys, paralegals, and staff. He retains you to conduct a social media workshop with his firm's employees to answer their questions and gauge their degree of knowledge as to the proper use of social media.
Questions:
1. What legal ethics rules are implicated by Pedro’s decision to conduct a workshop for his law firm employees?
2. Prepare a report for Pedro in which you copy each question posed below and provide a concise answer, in the space of a paragraph, that includes an explanation of the relevant rules and ethics advisory opinions that support your answer.
Josh: I just found out from my paralegal that one of our witnesses received a Facebook “friend” request from opposing counsel. The witness accepted the request. Is there anything wrong this? Additionally, the judge in the case is posting on Facebook on best strategies to avoid a jury verdict. Any action that I should take?
Abigail: The other day while working on a motion, I received a BeReal notification and turned around at my desk and took a selfie of me and my office, excited about the diploma on the wall and my new computer. Should I have any concerns about using BeReal at work?
Sigmund: I am intrigued by ChatGBT and understand that it can improve my writing and my efficiency. Any problem with using it to draft my next court motion?
Carlos: I am extremely involved and passionate about political and health care issues. Any problem posting my views in Tik Tok videos?
Lucinda: I often work remotely. Any technology or other ethics issues of which I should be aware?
Camila: I was referred a new client with a promising case. I investigated them on social media and found damaging evidence. What should I do?
John: I’d like to investigate my opposing counsel and the opposing party. Is this okay? Are there any limitations?
Akila: X (formerly Twitter) has been an amazing addition to my personal marketing strategy. I regularly Tweet about bankruptcy law and have received countless comments and questions from my 700 followers, many of whom retweet my posts. My X account also provides a link to my blog. Is there anything I should be wary of, especially as my followers continue to grow?
(Page Length Guideline: Approx. 3 pages)
IV. Confidentiality to a Fault?
Mindy enjoys private practice and has begun to devote time to directing an innocence project clinic, as she has become even more passionate about righting the wrongs that she witnessed in the criminal justice system. In fact, recently the media has covered several instances of innocent individuals who have been convicted and served many years in prison before being exonerated through the efforts of various attorneys, Innocence Projects, and law school clinics.
The case of Alton Logan involves the situation where legal ethics and the attorney-client privilege were a significant cause of an innocent man’s 26-year imprisonment before being released. Mindy and her students are advocating for a change to the legal ethics rules to prevent another travesty of justice like that suffered by Alton Logan.
Question:
Watch the video clips below and identify the legal ethics rule implicated by the Alton Logan case. Propose an amendment to Model Rule 1.6 -- Confidentiality to address the impediments discussed by the attorneys in the videos. Draft comments to your proposed amendment that explain the underlying policy and interpret the rule to provide guidance to attorneys.
AP Archive: "Inmate Hopes to Go Free After Secret Revealed"
60 Minutes Report: "Lawyer's Keep 26 year Secret"
(Page Length Guideline: 1-2 pages)
V. Mindfulness
Questions:
1. In what ways might an attorney who has practiced mindfulness regularly for many years be less likely to make an ethical misstep than if they had not been practicing mindfulness?
2. Discuss the potential role of mindfulness practices and relaxation techniques in reducing stress and increasing lawyer well-being?
(Page Length Guideline: 1 page)
VI. Professionalism and Civility
Review the articles by Jarvis and Jacobowitz and then, applying the ideas in the articles and the concepts that we have discussed throughout the semester and, answer the following questions.
Questions
1. How does Neil Hamilton’s definition of professionalism overlap with Peter Jarvis’s description of civility?
2. How do you think that professionalism should be defined for the legal profession?
3. How would you describe the professional identity to which you aspire, what might prove to be an obstacle on the way, and how might practicing mindfulness be helpful to remaining connected to your aspiration?
(Page Length Guideline: Approx. 1-2 pages)