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This paper deals with how technology intersects with the legal ethics rules. The relevant areas are competence, confidentiality, and conflicts of interest. The full text is available at http://apps.americanbar.org…

Topic: “What measures may a lawyer take to investigate a witness through the witness’s social media accounts, such as Facebook or Twitter, regarding a matter which is, or is likely to be, in litigation?”   Summary of the Committee: “The Rules of Professional Conduct do not forbid use of social media to investigate a non-party […]

Consiglio Nazionale Forense, sentenza del 6 giugno 2013, n. 89 Topics: Unethical advertisement, services offered at a symbolic price, accaparramento di clientela (“ambulance chasing”) Consiglio Nazionale Forense* (Italian National Bar Council) held that it is unethical for lawyers to advertise in the internet that their services are offered for free, at a symbolic price, or […]

Professional Ethics Committee For the State Bar of Texas Topics: “Under the Texas Disciplinary Rules of Professional Conduct, what are the responsibilities of a law firm for preserving or disposing of files of a former client after the lawyer who represented the former client leaves the firm?”   Conclusion of the Committee: “…First, confidential information of […]

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 […]

New Hampshire Bar Association’s Ethics Committee  (submitted for publication by the NHBA Board of Governors at its February 21, 2013 meeting) Topic: The Use of Cloud Computing in the Practice of Law Summary of the Committee: “The internet has changed the practice of law in many ways, including how data is stored and accessed. ‘Cloud […]

Amendments to Rule 1.1, 5.3 and 5.5 of ABA Model Rules of Professional Conduct – August 2012 (Amendments italicized)   Rule 1.1, Comments 6 and 7 Retaining or Contracting With Other Lawyers [6] Before a lawyer retains or contracts with other lawyers outside the lawyer’s own firm to provide or assist in the provision of legal […]

The full text of Rule 1.1 is available at: http://www.americanbar… The full text of ABA resolution is available at: http://www.americanbar… Open PDF

Committee on Professional Ethics  Which are the rules for a discounted legal service offer? Topic: Marketing of legal services by use of a “deal of the day” or “group coupon” website Digest of the Committee: “Lawyer may market legal services on a ‘deal of the day’ or ‘group coupon’ website provided that the advertising is not misleading […]

Approved by Board of Governors, November 2011 Topics: Information Relating to the Representation of a Client: Third-Party Electronic Storage of Client Materials Summary: “Law Firm contracts with third-party vendor to store client files and documents online on remote server so that Lawyer and/or Client could access the documents over the Internet from any remote location. […]