Free speech for lawyers on social media?

The South Carolina Lawyers Weekly in its July 28 issue reports that the Office of Disciplinary Counsel has told attorney Todd Kincannon that his provocative political Twitter posts violate the Rules of Professional Conduct.   Kincannon has filed a 1983 action against ODC officials claiming that his posts are constitutionally protected.  The US Supreme Court has […]

Some considerations about Bitcoin for lawyers

Bitcoin is a virtual currency (or crypto-currency) having an equivalent value in real currency (but with great fluctuation) not backed by any country’s central bank or government. The origin of the currency are uncertain and related back to late 2008/early 2009. See more at Man said to create bitcoin denies it; Bitcoin: A Peer-to-Peer Electronic […]

What does Google Spain mean for US Citizens?

The recent decision of the European Court of Justice in Google Spain was a surprise to commentators and legal experts both in the EU and the US.  Europe’s top court determined that Google must establish a means for individuals in the EU to request that links to information about them be taken down, a process […]

Personal data protection in Kazakhstan

On November 26, 2013, the Law of the Republic of Kazakhstan “On personal data and its protection” № 94-V ЗРК (hereinafter – “Personal Data Law”) entered into force. It states the rules on collection, processing, and protection of personal data (except for personal and family needs exclusively) for state archival purposes; for state secrets; for […]

Technology and Ethics (“Technethics”) – 2013 in Review – Part Two

Originally published as Ethics Watch: Technology and Ethics (“Technethics”): 2013 in Review, South Carolina Lawyer 14 (March 2014) Bidding on the name of a competitor firm to obtain a sponsored link above the competitor in a Google search does not violate Wisconsin’s privacy law.  Under Wisconsin law use of a person’s name for advertising purposes without […]

Technology and Ethics (“Technethics”) – 2013 in Review – Part One

Originally published as Ethics Watch: Technology and Ethics (“Technethics”): 2013 in Review, South Carolina Lawyer 14 (March 2014) In past years I have written a year-in-review Ethics Watch column, covering significant South Carolina ethics decisions and opinions, along with ABA Formal Opinions issued during the year. Because technology is playing an increasingly important role in the […]

Lawyers may text to potential clients but with so many limitations that it might not be worth its while

The Ohio Disciplinary Board has advised that lawyers may use text messaging to contact potential clients.  In addition, the Board decided that text messaging generally did not amount to “real-time electronic contact” in violation of Rule 7.2 dealing with solicitation, distinguishing text messaging from contact in chat rooms.  Ohio Opinion #2013-2.   However, the committee also […]

Loss of pen drives, smart phones, laptops, or other devices

All of the devices that lawyers use today can be lost, and the smaller the device, the more likely it is to be lost. These devices contain enormous amounts of information, much of which is confidential.   Reasonable precautions require law firms to recognize the possibility of loss of devices and to develop appropriate policies to […]

EU Data Protection Reforms Move Forward

The proposed reforms to the EU data protection rules moved on in March (2014) with the European Parliament proposing a series of amendments under a process begun two years ago by the European Commission. The next step is for the EU Council of Ministers to consider the proposed amendments. Once finally agreed, the new rules […]