Professor Nathan M Crystal, Technology and Confidentiality Topics of the presentation (1) public use of technology: California Ethics Committee Formal Opinion 2010-179 ABA Formal Opinion 99-413 South Carolina Rule of Professional Conduct 1.6 (2) metadata in document transmission […]
Topic: Using Online Banking to Manage a Trust Account From the opinion: “Opinion rules that a law firm may use online banking to manage its trust accounts provided the firm’s managing lawyers are regularly educated on the security risks and actively maintain end-user security.” Rules: North Carolina Rules of Professional Conduct 1.15 North Carolina State […]
The Authors’ Abstract: “The evolution of the Internet has forever changed the legal landscape. The Internet is the world’s largest marketplace, copy machine, and instrumentality for committing crimes, torts, and infringing intellectual property. Justice Holmes’s classic essay on the path of the law drew upon six centuries of case reports and statutes. In less than […]
Topic: Lawyers’ Use of Deal-of-the-Day or Group Coupon Marketing Programs Digest of the Committee: Opinion rules that a lawyer may advertise on a website that offers daily discounts to consumers where the website company’s compensation is a percentage of the amount paid to the lawyer if certain disclosures are made and certain conditions are satisfied. […]
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 […]
Professional Ethics Committee of the Florida Bar Topic: Lawyers’ Ethical Obligation for Stored Files From the opinion: “In conclusion, when a lawyer chooses to use Devices that contain Storage Media, the lawyer must take reasonable steps to ensure that client confidentiality is maintained and that the Device is sanitized before disposition. These reasonable steps include: (1) identification of […]
American Bar Association Standing Committee on Ethics and Professional Responsibility Topic: Lawyer’s Obligations When Outsourcing Legal and Nonlegal Support Services Digest of the Committee: “A lawyer may outsource legal or nonlegal support services provided the lawyer remains ultimately responsible for rendering competent legal services to the client under Model Rule 1.1. In complying with […]
State Bar Association Committee on the Rules of Professional Conduct Topic: Transmission of information; Advertising and Solicitation; Confidentiality “This opinion discusses several ethical issues with respect to lawyers using the Internet to communicate including, for example, confidentiality concerns when sending email to a client, advertising considerations for websites and the applicability of Arizona’s Rules of […]