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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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<img style="max-width: 100%;height: auto;max-width: 100%;height: auto" loading="lazy" class="alignright size-medium wp-image-3714" src="https://www.thelawforlawyerstoday.com/wp-content/uploads/sites/754/2018/01/2018-predictions-289x300.jpg" alt="" width="289" height="300">Greetings 2018!&nbsp; Time for some ethics trend predictions to kick off the Year of the Dog (according to the Chinese zodiac).&nbsp; Let it be a year in which you doggedly pursue ethical practice (ouch).&nbsp; No more bad puns &mdash; here&rsquo;s what&rsquo;s hot as we begin the year:
Law firm cyber-security
No surprise here that the top trend is data security.&nbsp; It&rsquo;s one of the&nbsp;&ldquo;<a href="https://www.acc.com/aboutacc/newsroom/pressreleases/outsidecounselcybersecurityguidelines.cfm">chief concerns</a>&rdquo; of GC&rsquo;s, and for good reason:&nbsp; It&rsquo;s not if, but when, a firm is going to experience a cyber-attack.&nbsp; The <a href="https://www.law360.com/articles/996114/more-biglaw-firms-seeing-data-breaches">latest ABA report says</a> that 22 percent of law firms of all sizes were hit with a data breach in 2017, up from 14 percent in 2016; several of the biggest firms experienced <a href="http://www.abajournal.com/news/article/dla_piper_is_hit_by_major_cyber_attack_amid_larger_hack_spreading_to_us">attacks</a> and various kinds of disruption <a href="http://www.abajournal.com/magazine/article/large_law_firms_cybertheft_risk/P1">in the past couple years</a>.&nbsp; But small and medium-size firms are just as vulnerable, say the data.&nbsp; Of course, lawyers have an ethical duty under <a href="https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information.html">Model Rule 1.6(c)</a>&nbsp;to take reasonable steps to safeguard the confidentiality of client data.&nbsp; Ethics rules also require lawyers to have the technological competence to recognize and address the problem.&nbsp; (See <a href="https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/comment_on_rule_1_1.html">comment [8] to Rule 1.1</a>.)&nbsp; Trending:&nbsp; More clients are <a href="https://www.law.com/sites/americanlawyer/2017/11/29/as-clients-demand-law-firm-cyber-audits-who-sets-the-terms/">insisting</a> that firms&nbsp;establish data security policies and procedures.
The &ldquo;Uber&rdquo; effect &ndash; on-line service providers and other tech disruptors
Just as Uber disrupted an entire market segment with its ride-hailing model, on-line businesses like Avvo and LegalZoom have taken aim at legal services and how they are marketed.&nbsp; But these on-line&nbsp;types of business&nbsp;raise legal ethics issues, including fee-splitting, handling client funds and professional independence.&nbsp; (Excellent summary is&nbsp;<a href="http://bernabepr.blogspot.com/search/label/Avvo">here</a>.)&nbsp;&nbsp;Some innovative models, like the traffic-ticket-fighting site TIKD, are under fire for potential&nbsp;<a href="https://www.bna.com/florida-bar-antitrust-n73014473113/">antitrust violations</a> and the <a href="https://www.law.com/dailybusinessreview/sites/dailybusinessreview/2017/12/13/florida-bar-votes-to-file-litigation-against-ticket-fighting-startup/">unauthorized practice of law</a>.&nbsp;&nbsp;And will consumers soon be taking their legal <a href="https://abovethelaw.com/2017/07/donotpay-adds-1000-legal-bots-plus-service-for-others-to-create-their-own/">problems to chatbots?</a>&nbsp;&nbsp;Will legal teams soon be using <a href="https://www.law360.com/articles/975986/legal-tech-download-ai-clerks-and-chinese-robots">artificial intelligence</a> to analyze complaints and generate document drafts?&nbsp; Trending:&nbsp; State ethics regulators have come down against Avvo-like platforms, but they are still thriving.&nbsp; How will the legal industry adapt?&nbsp; (Hint:&nbsp; Watch the progress of the ABA&rsquo;s consideration of a&nbsp;revamp of the Model Rules on lawyer&nbsp;marketing and advertising, aimed at &ldquo;<a href="http://www.abajournal.com/news/article/aba_standing_committee_on_ethics_model_advertising_rules#When:23:28:00Z">bringing them into the 21st century</a>&rdquo; and&nbsp;reported <a href="http://bernabepr.blogspot.com/2017/12/aba-to-discuss-proposed-amendments-to.html">here</a>, in the Professional Responsibility Blog.)
Gender bias and sexual harassment in the profession
The ABA adopted <a href="https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_8_4_misconduct.html">Model Rule 8.4(g)</a>&nbsp;in 2016, barring lawyers from engaging in harassing or discriminatory conduct;&nbsp;states are now considering whether to adopt the rule into their own lawyer conduct codes.&nbsp; (<a href="https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/state_implementation_selected_e20_20_rules.authcheckdam.pdf">Box score</a> as of 8/1/17:&nbsp;&nbsp;1 aye,&nbsp;1 nay, many studying; and some commentators raise <a href="http://bernabepr.blogspot.com/2016/08/aba-adopts-amendment-to-model-rule-84.html">First Amendment</a> concerns.)&nbsp;&nbsp;But 40 percent of women in the profession <a href="https://www.google.com/search?ei=OSNJWpT8D6KLjwSd757YDg&amp;q=a+look+back+at+sexual+harassment+claims+against+legal+leaders&amp;oq=a+look+back+at+sexual+harassment+claims+ag&amp;gs_l=psy-ab.1.0.0.6115.21456.0.25702.60.32.5.22.22.0.119.3116.15j17.32.0....0...1c.1.64.psy-ab..3.48.3044...46j0i131k1j0i131i46k1j46i131k1j0i67k1j0i3k1j0i46k1j0i10k1j0i22i30k1j0i22i10i30k1j33i160k1j33i22i29i30k1j33i21k1.0.cnrBq92e6NQ">report</a> that they have been subjected to harassment and discrimination; and there have been <a href="https://www.law.com/americanlawyer/sites/americanlawyer/2017/12/20/behind-big-laws-wall-of-silence-on-sexual-misconduct/">several high-profile discrimination and pay-equity claims</a> against prominent national firms and individuals.&nbsp; The judiciary has been hit as well, with a prominent federal judge apologizing and <a href="https://www.law.com/therecorder/sites/therecorder/2017/12/18/judge-alex-kozinski-apologizing-amid-harassment-claims-retires-immediately/">retiring abruptly</a> after sexual harassment allegations; and 695 law professors and former clerks are&nbsp;now <a href="https://www.law360.com/articles/996687/clerks-urge-chief-justice-to-tackle-sexual-harassment">petitioning</a>&nbsp;Chief Justice John Roberts, seeking revision of judicial employee guides and support for reporting misconduct.&nbsp; Trending:&nbsp; Women in the profession&nbsp;are adding their voices to <a href="https://www.theatlantic.com/entertainment/archive/2017/10/the-movement-of-metoo/542979/">#metoo</a>.
Lawyer health and wellness &mdash; mental and physical
Finally, we&rsquo;d be remiss, in our first post of&nbsp;2018, if we didn&rsquo;t mention the personal aspect of lawyering:&nbsp; keeping yourself safe and sane.&nbsp; As a profession, more of us fight alcoholism, substance abuse, depression and anxiety than the general population, and those trends start developing in&nbsp;law school.&nbsp; The <a href="https://www.thelawforlawyerstoday.com/2017/07/3446/">statistics</a> are alarming.&nbsp; Trending:&nbsp;&nbsp;a hopeful&nbsp;resolve, via a <a href="https://www.americanbar.org/news/abanews/aba-news-archives/2017/08/growing_concern_over.html">new, comprehensive ABA report</a>,&nbsp;to come to grips with these systemic issues.&nbsp; If you made a New Year&rsquo;s resolution to stop drinking or drugging, or to address mental health issues that are affecting your legal practice,&nbsp;every state has a lawyer assistance organization to help you.&nbsp; We&rsquo;ve linked to the ABA&rsquo;s state-by-state listing before; but <a href="https://www.americanbar.org/groups/lawyer_assistance/resources/lap_programs_by_state.html">here</a> it is again.&nbsp; If it helps one person, there&rsquo;s no such thing as posting it too often.
Happy New Year.
&nbsp;

core/freeform

Ethics

Legal Ethics, Professional Responsibility and the Business of Law

Top legal ethics trends 2018:  cyber-safety, the “Uber effect,” and more