3 St. Mary’s Journal of Legal Malpractice & Ethics 204, 225, 228-29 (2013) The full text is available at: http://www.stmaryslawjournal…
Inadvertent Production of Privileged Information in Discovery in Federal Court: The Need for Well-Drafted Clawback Agreements, 64 S.C. L. REV. 581 (2013), http://www.nathancrystal.com/pdf/ClawbackAgreements.pdf
On February 28, 2013, the Supreme Court of Virginia found that a lawyer’s blog can be considered potentially misleading commercial speech – and thus lawyer advertising – and be regulated by the Virginia State Bar. The posts predominately described cases handled by the lawyer himself where he had received a favorable result for his client. […]
From the Introductory Paragraph: “This paper describes the changes made to the Florida Rules and highlights differences between them and their federal counterparts.” The full text available at: http://www.scribd.com…
97 IOWA L. REV. 809, 822-24 (2012) Considering how individuals are sharing personal data, the authors suggest the creation of the “Privacy Data Guardian”, a new profession that manages Privacy Data Vaults. The article explains the technical specification of such approach, highlighting the fiduciary relationship between client and Guardian, and recommending that the Privacy Data […]
Topic: Reviewing Employee’s Email Communications with Counsel Using Employer’s Business Email System From the opinion: “Opinion rules that a lawyer representing an employer must evaluate whether email messages an employee sent to and received from the employee’s lawyer using the employer’s business email system are protected by the attorney-client privilege and, if so, decline to […]
American Bar Association, The Young Lawyer, Vol. 16 No. 9 (July/August 2012) Excerpts from the Article: “Technology has recently transformed communications between lawyers and their clients and poses unique problems for preserving the attorney-client privilege, the work product doctrine, and lawyers’ ethical duty to maintain client confidences. […] Social media sites provide a potential forum […]
ISBA Professional Conduct Advisory Opinion No. 12-16 Topic: Confidentiality; Conflicts of Interest Digest of the ISBA: “Formal mentoring programs create an opportunity for a new or recently licensed lawyer to receive professional guidance and practical knowledge from a more experienced lawyer. However, both the new lawyer and the mentor must take care to protect client confidentiality and the […]
Committee on Professional Ethics Topic: Disclosure of information obtained from purported client Digest of the Committee: “An individual whose purpose in communicating with an attorney is to defraud that attorney rather than to obtain legal services is not a client or prospective client entitled to confidentiality, and it would not violate any ethical rules for […]
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…