Topic: Use of Live Chat Support Service on Law Firm Website From the Opinion “Opinion provides guidelines for the use of live chat support services on law firm websites”. The full text can be found at: http://www.ncbar…
Opinion No. 357 of the District of Columbia Bar’s Legal Ethics Committee Topic: Former Client Records Maintained in Electronic Form Conclusion of the Committee: “Social media is a constantly changing area of technology. Social media can be an effective tool for providing information to the public, for networking and for communications. However, using […]
Ethics Committee Topic: Outsourcing of Legal Services Conclusion of the Committee: “A lawyer may ethically outsource legal support services to a nonlawyer who is not associated with the firm or working under the direct supervision of a lawyer in the firm if the lawyer (1) rigorously supervises the nonlawyer so as to avoid aiding the […]
Committee on Professional Ethics – Opinion No. 842 Topic: Using an outside online storage provider to store client confidential information. Digest of the Committee: “A lawyer may use an online data storage system to store and back up client confidential information provided that the lawyer takes reasonable care to ensure that confidentiality will be maintained […]
From the Preface: “This Manual is intended to assist New York State Judges and court personnel in managing issues relating to the cost of discovery of electronically stored information (“ESI”).” The full text is available at http://www2.nycbar.org…
From the Introduction: “This paper explores the particular ethical dilemma that is created when, outside of formal discovery, an attorney inadvertently, unknowingly, or unintentionally sends metadata hidden behind an electronic document to another attorney. This paper attempts to answer the question of whether the attorney who receives the electronic document, outside of formal discovery, should […]
Ethics Committee Topic: Obligations of a Lawyer who Receives Confidential Information via Law Firm Website or Telephone Voicemail From the opinion “Standing alone, publication of a telephone number in a yellow pages advertisement cannot reasonably be construed as an invitation by the lawyer or firm to an individual to submit confidential information. The Committee believes the lawyer does […]
Committee on Professional Ethics Topic: Searching inadvertently sent metadata in opposing counsel’s electronic documents From the digest: “A lawyer who receives from an adversary electronic documents that appear to contain inadvertently produced metadata is ethically obligated to avoid searching the metadata in those documents. (…) Using the metadata is appropriate in circumstances where the adversary […]
Abstract of the Article: “This article analyzes embedded data that accompanies many documents and the legal ethical issues that accompany inadvertent receipt of documents containing metadata. It addresses ABA Model Rule 4.4(b), ABA Formal Ethics Opinion 92-368 and 06-442, and New York opinion 2003-04, Florida Bar Opinion 06-2, and others.” The full text is available […]
From the Introduction: “This revised edition of The Sedona Principles seeks to synthesize the current and best thinking from the case law and the amended Federal Rules to provide practical standards for modern discovery.” Related Document: The Sedona Principles: 2005 Edition, Best Practices Recommendations & Principles for Addressing Electronic Document Production The full text can […]