Ethics Opinions

    On October 17, 20180 the American Bar Association issued ABA formal opinion 483 addressing attorneys’ ethical obligations after a data breach that involves information relating to the representation of a client. According to the Opinion, compliance with the obligations imposed by the Model Rules of Professional Conduct depends on the nature of the […]

Topic: Lawyers’ Obligations After an Electronic Data Breach or Cyberattack   “Model Rule 1.4 requires lawyers to keep clients “reasonably informed” about the status of a matter and to explain matters “to the extent reasonably necessary to permit a client to make an informed decision regarding the representation.” Model Rules 1.1, 1.6, 5.1 and 5.3, […]

American Bar Association Standing Committee on Ethics and Professional Responsibility   Topic: Confidentiality Obligations for Lawyer Blogging and Other Public Commentary   “Lawyers who blog or engage in other public commentary may not reveal information relating to a representation, including information contained in a public record, unless authorized by a provision of the Model Rules.” […]

Ethics Advisory Committee   Topic: Copying an opposing party on an email Lawyer sending emails to other lawyers and copying several people, including one of the lawyers’ clients   Summary from the opinion Copying an opposing party on an email or letter is communication for purposes of Rule 4.2, SCRPC. Absent the consent of Lawyer […]

American Bar Association Standing Committee on Ethics and Professional Responsibility   Topic: Securing Communication of Protected Client Information “A lawyer generally may transmit information relating to the representation of a client over the internet without violating the Model Rules of Professional Conduct where the lawyer has undertaken reasonable efforts to prevent inadvertent or unauthorized access […]

Colorado Bar Association Ethics Committee   Topic: lawyer’s posting or sharing of materials   Conclusion of the Committee: “In many situations, making information obtained in the course of representing a client public is helpful, either to other lawyers or to educate the public. But client confidences must be respected. When a client gives informed consent to […]

  Committee on Professional Ethics Topic: “A lawyer’s ethical duty of technological competence with respect to the duty to protect a client’s confidential information from cybersecurity risk and handling e-discovery when representing clients in a litigation or government investigation”   From the digest: A lawyer’s ethical duty of competence extends to the manner in which […]

Texas Ethic Opinion 648 Professional Ethics Committee for the State Bar of Texas   Topic: Communication of confidential information by email   Conclusion of the Committee: “Under the Texas Disciplinary Rules of Professional Conduct, and considering the present state of technology and email usage, a lawyer may generally communicate confidential information by email. Some circumstances, […]

District of Columbia Rules of Professional Conducts are available on line at http://www.dcbar… District of Columbia ethics opinions are available at http://www.dcbar…  

Ethics Committee Topic: Virtual Law Office, cloud computing From the Opinion: “This opinion is an examination of the ethical issues involved in a lawyer or firm’s use of a virtual law office, including cloud computing, and/or executive office suites. These issues include marketing, supervision of lawyers and nonlawyers in the firm, and competence and confidentiality when […]