Standing Committee on Ethics and Professional Responsibility – Formal Opinion 33 Topic: cloud computing Summary of the Committee: “A lawyer may, without client consent, store client files in an electronic format or on a server or other device that is not exclusively in the lawyer’s control provided the lawyer acts competently and reasonably safeguards the […]
State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2005-168 Topic: Website disclaimer Digest of the Committee: “A lawyer who provides to web site visitors who are seeking legal services and advice a means for communicating with him, whether by e-mail or some other form of electronic communication on his web site, […]
Los Angeles County Bar Association From the Article “The California Constitution declares that we all have a right to privacy. Even with this constitutional protection, privacy as a practical matter is getting harder to maintain in the modern world. Every time you use a credit/debit card, drive your OnStar-equipped car, use a cell phone, […]
Professional Responsibility and Ethics Committee Topic: Lawyers’ participation in listserv communications and chat rooms – “Do lawyers participating in e-mail communications with a listserv or ‘chat room’ risk engaging in improper ex parte communications if judges in front of whom the lawyers may appear also have access to that same information?” Summary of the opinion (by […]
Arizona State Bar Association Committee on the Rules of Professional Conduct Topic: Electronic storage; Confidentiality From the Opinion: “ER’s 1.6 and 1.1 require that an attorney act competently to safeguard client information and confidences. It is not unethical to store such electronic information on computer systems whether or not those same systems are used to connect […]
[Approved by the Massachusetts Bar Association’s House of Delegates on March 3, 2005] Summary of the Committee: “A law firm may provide a third-party software vendor with access to confidential client information stored on the firm’s computer system for the purpose of allowing the vendor to support and maintain a computer software application utilized […]
Committee on Professional Ethics Topic: E-mailing Documents that May Contain Hidden Data Reflecting Client Confidences and Secrets Digest of the Committee: “Lawyers must exercise reasonable care to prevent the disclosure of confidences and secrets contained in ‘metadata’ in documents they transmit electronically to opposing counsel or other third parties.” Rules: DR 1-102(A)(5), 4-101(B), (C), (D), EC […]
State Bar Association Committee on the Rules of Professional Conduct Topic: Confidentiality; E-mail; Internet; Initial Consultation; Disclaimers Digest of the Committee: An attorney does not owe a duty of confidentiality to individuals who unilaterally e-mail inquiries to the attorney when the e-mail is unsolicited. The sender does not have a reasonable expectation of confidentiality in […]
Committee on Professional Ethics Topic: E-mail Encryption Conclusion of the Committee: “The transmission of confidential information by way of e-mail or mobile (or cell) phone, absent extraordinary circumstances, does not violate Rule 1.6. Extraordinary circumstances include circumstances in which the lawyer should reasonably anticipate the possibility that his or her communication could be intercepted and confidences […]
Topic: E-mail Encryption From the Opinion: “An attorney may transmit information relating to the representation of a client by encrypted or unencrypted e-mail sent over the Internet without violating HRPC 1.6(a).” Rule: 1.6 (a) Referenced Authority: ABA Formal Ethics Op. 99-413 The full text is available at http://www.odchawaii.com…