Scholarly Articles & Institutional Publications

Author provides details to better understand blockchain technology and its potential for streamlining business operations.   The full text can be downloaded at https://www.ibm.com…

Information Law Journal, Vol. 6, Issue 2, Autumn 2015 From the article Privilege protections encourage full and candid communication between legal counsel and clients. These communications plainly serve a valuable role — but, protecting privileged communications during discovery can become one of the most time consuming and expensive elements of large-scale e-discovery projects. And, in […]

Author discusses and provides Best Practices to help regular users of email to be more efficient and avoid embarrassing and ethically questionable conducts. Source:New York Legal Ethics Reporter The full text is available at http://www.newyorklegalethics… New York Rules of Professional Conduct: 4.4(b) Mentioned ethic opinions: ABA Comm. on Ethics and Prof. Responsibility, Formal Op. 99C413 […]

52 Hofstra Law Review 175 (2013) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2378492##; Chapman University Law Research Paper No. 13-17. Available at SSRN: http://ssrn.com/abstract=2378492 From the author’s abstract “When lawyers receive a document — whether hard copy or an electronic document — that they know the adversary sent them inadvertently (for example, a fax or email mistakenly sent to an adversary […]

[Note: date of publication unclear] From the Article: “Question No. 1: Is it necessary—for either ethics, privilege, or liability purposes—to encrypt communications on the Internet, except for matters so important that any threat of interception must be avoided? Question No. 2: Must lawyers communicate with or about clients on the Internet using only encryption software? […]

Missouri Supreme Court Advisory Committee & Legal Ethics Counsel NOTE: date of publication unclear   From the Article: “An attorney should consult with a client before communicating with the client by unencrypted e-mail. It is not necessary to obtain express consent but it is necessary to consult with the client about the risks of communicating […]

By Legal Technology Resource Center of the ABA The Legal Technology Resource Center has composed a chart of ethics opinions from the several American jurisdictions dealing with metadata. The chart lists the answer given by the several opinions to the following questions: “What is the Sender’s Duty When Transmitting Metadata?” “May the Recipient Review or […]

A publication of the American Bar Association   From the Article: “Encryption is a topic that most attorneys don’t want to touch with a ten-foot pole, but it is becoming a more and more important part of security. Encryption is an electronic process to protect data. It has now reached the point where all attorneys […]

The full text of Rule 4.4 is available at: http://www.americanbar… The full text of ABA resolution available at: http://www.americanbar…   Open PDF

American Bar Association, The Journal of the Section of Litigation, Fall 2011 – Vol. 38:1   From the Article: “Lawyers beware. When attorney-client communications occur by email from home or work, the attorney-client privilege can easily be lost.”   The full text is available to members at http://www.americanbar.org…