LAWYERS' DUTY OF COMPETENCY

State Bar of Arizona Ethics Opinion 13-01

Date 04/30/2013.

State Bar Association Committee on the Rules of Professional Conduct Topic: Lawyers’ Use of Deal-of-the-Day Marketing Programs Digest of the Committee: Whether an Internet marketing voucher or coupon sold by a lawyer for legal representation is consistent with the Arizona Rules of Professional Conduct will depend on the terms and conditions of the voucher or […]

John M. Barkett, Ethical Challenges on the Horizon: Confidentiality, Competence and Cloud Computing

Date 04/26/2013.

From the ABA Section of Litigation 2013 Annual Conference   Conclusion: “The message of these ethics opinions is clear: lawyers and law firms can engage third-party vendors in the cloud to store confidential information but they must do so competently with adequate supervision and implement reasonable steps to protect the confidentiality of the data. When […]

Virginia Bar Association, Legal Ethics Opinion 1872

Date 03/29/2013.

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 […]

Oregon State Bar Formal Opinion 2013-189

Date 02/28/2013.

Oregon State Bar Formal Opinion No. 2013-189  Approved by Board of Governors, February 2013 Topic: Lawyers’ Use of Social Networks Oregon lawyers may access publicly available information on social networking sites, can request access to non-public information if the person is not represented by counsel in the matter, and may in very limited circumstances advise or supervise […]

Alabama State Bar Opinion 2012-01

Date 12/31/2012.

Office of General Counsel Formal Opinion Topic: Lawyers’ Use of Deal-of-the-Day Marketing Programs From the Opinion: use of daily deal websites, such as Groupon, violates or potentially violates a number of rules of professional conduct. Rules: 1.1; 1.15(a); 1.3; 5.4 (a); 7.2 (c); 7.2 (f) Referenced Ethics Opinions: New York State Bar Opinion 897 North […]

Indiana State Bar Association Opinion 1, 2012-JDH-1

Date 12/31/2012.

Legal Ethics Committee Topic: Lawyers’ Use of Deal-of-the-Day Marketing Programs Analysis of the Committee: The Indiana State Bar Association’s Legal Ethics Committee has looked at the burgeoning group coupon forms of social media marketing. The Ethics Committee’s analysis is that such social media marketing is fraught with peril and is likely not permitted in its […]

Los Angeles County Bar Association Opinion 2012-525

Date 12/06/2012.

Professional Responsibility and Ethics Committee Topic: Ethical Duties of Lawyers in Connection with Adverse Comments Published by a Former Client Conclusion from the opinion: “The Committee concludes that the attorney may publicly respond to such comments as long as the rebuttal: (1) does not disclose any confidential information; (2) does not injure the former client […]

North Carolina State Bar 2012 Formal Ethics Opinion 5

Date 10/26/2012.

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 […]