Committee on Professional Ethics Topic: Maintaining confidentiality of client information as between independent lawyers sharing office space and computer Digest of the Committee: “Independent lawyers sharing office space may share computer for client-related information if they exercise reasonable care to assure that confidential information is not disclosed.” Rules: New York Rules of Professional Conduct 1.6(a) […]
ISBA Professional Conduct Advisory Opinion No. 12-14 Topic: Advertising and Solicitation; Communications with Client, Law Firm Partnership and Employment Agreements; Law Firms Digest of the ISBA: “After departure, an associate who has left a law firm may contact clients of the firm with whom he had an attorney-client relationship. The Rules of Professional Conduct do not […]
Massachusetts Bar Association Ethics Opinion 12-03 [Approved by the Massachusetts Bar Association’s House of Delegates on May 17, 2012] Topics: Cloud Computing; Google docs Summary of the opinion: “A lawyer generally may store and synchronize electronic work files containing confidential client information across different platforms and devices using an Internet based storage solution, such as ‘Google […]
ISBA Professional Conduct Advisory Opinion No. 12-06 Topics: Client Files; Law Firms Digest of the ISBA: “A lawyer must maintain records that identify the name and last known address of each client, and reflect whether the client’s representation is active or concluded, for an indefinite period of time. A lawyer must keep complete records of […]
Topics: Subscribing to Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property Summary: “Opinion rules that a lawyer may contract with a vendor of software as a service provided the lawyer uses reasonable care to safeguard confidential client information.” From the Opinion: “This opinion does not set forth specific […]
Committee on Legal Ethics and Professional Responsibility – Formal Opinion 2011-200 Topics: Ethical Obligations for Attorneys Using Cloud Computing/Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property From the opinion: “From a more technical perspective, ‘cloud computing’ encompasses several similar types of services under different names and brands, including: […]
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. […]
The basic obligation of lawyers with regard to confidential client information is clear: lawyers must take reasonable steps to protect the confidentiality of such information. South Carolina Rule of Professional Conduct (SCRPC) 1.6, comment 18 states: “When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information […]
From the article: The basic obligation of lawyers with regard to confidential client information is clear: lawyers must take reasonable steps to protect the confidentiality of such information. South Carolina Rule of Professional Conduct (SCRPC) 1.6, comment 18 states: “When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions […]
Committee on Ethics and Practice Guidelines – Opinion 11-01 Topics: “Use of Software as a Service – Cloud Computing” “Whether a lawyer or law firm may utilize what is known as ‘software as a service’ commonly referred to as ‘SaaS’” From the opinion: “We believe… [Rule 32:1.6 [Comment 17] ] establishes a reasonable and flexible approach […]