Tim excellently summarizes the mentality required to practice law in the technology sector. Among other things, he is an ardent proponent of what I believe to be a crucial notion in any type of practice, but especially in today’s high-tech environment: the significance of knowing the client’s ‘business’ He says:
So, my argument today is that comprehending technology is an ethical need for national security practitioners and policymakers. Hence, we cannot just bury our heads in the sand.
And while the attorney is not need to be trained to create the system, any familiarity with technology will assist them in keeping up with the discourse and making them better attorneys.”
Tim states his argument eloquently when he says;
There is a practical rationale for your desire to comprehend the technology. How, for instance, would you be able to advise a cyber operator on how to do it lawfully, what regulations it must follow, or whether you could really discern whether it complies with local or international law, or the authorities that have been provided to you?”
The rule emphasizes that a lawyer must represent a client with reasonable effort and promptness. If you do not comprehend the technology, this rule is often focused on the second element, which is representing the customer promptly. It’s all about answering phone calls and keeping in touch with them.”
“But, you must also use reasonable diligence. You must exercise reasonable care. And if you don’t understand the technology, how do you know what you need to be vigilant about and what you don’t need to be diligent about?”
“The following is maybe my favorite. Specifically, this is rule 2.1, Advisor. It states that, when representing a client, an attorney must use independent professional judgment and provide frank counsel.
In offering counsel, a lawyer may also evaluate moral, economic, social, and political elements that are pertinent to the client’s circumstances.
“This is essential. Observe that the rule is titled Advisor. It is not known as Legal Advisor. It is known as Advisor.”
“In other words, the law, the norm, proposes that we move beyond only observing – becoming mere encyclopedias of legal information, especially when the law is practically at their fingers. Our duty is to exceed the law. It is to provide them with a broader perspective that takes into account a variety of elements and guidance that takes into account all of these factors.”
Tim provided many more ideas with the audience, but the most significant part of his presentation was the one in which he discussed cyber and AI-related topics that are essential for attorneys to comprehend.
You will learn a great deal if you devote an hour to listening to this one!