I. How Email Travels After an email message is composed and the author hits the “send” button, an email goes through several steps, known as “layers”, before leaving the author’s computer. See Erinn Phillips, How Does Email Travel? (Aug. 1, 2012), http://www.atlanticwebworks.com/blog/how-does-email-travel/. The email is cut into many tiny […]
JUR. AUTHORITY POSITION DETAILS ABA American Bar Association Standing Committee On Ethics And Professional Responsibility, Formal Opinion 99-413 & 11-459 NO Opinion 99-413: Unencrypted e-mail sent over the Internet are not unethical because “transmission affords a reasonable expectation of […]
This paper deals with how technology intersects with the legal ethics rules. The relevant areas are competence, confidentiality, and conflicts of interest. The full text is available at http://apps.americanbar.org…
Professional Ethics of the Florida Bar Conclusion of the Opinion: “In summary, lawyers may use cloud computing if they take reasonable precautions to ensure that confidentiality of client information is maintained, that the service provider maintains adequate security, and that the lawyer has adequate access to the information stored remotely. The lawyer should research the […]
Excerpt: “After several years of work, in May 2012, the American Bar Association Commission on Ethics 20/20 (‘Ethics 20/20’) presented proposals for updating the Model Rules of Professional Conduct (‘Model Rules’) ‘to keep pace with social change and the evolution of law practice.’ The American Bar Association (‘ABA’) created Ethics 20/20 in 2009 ‘to tackle the […]
2013 Journal of the Professional Lawyer 85 (2013) The full text can be downloaded at: http://papers.ssrn…
Professional Ethics Committee Question Addressed by the Committee: “whether it is permissible under the Rules of Professional Responsibility for a lawyer to use cloud computing in the practice of law.” From the Opinion: “Lawyers may use cloud services in their practice to promote mobility, flexibility, organization and efficiency. However, lawyers must be conscientious to comply […]
By Legal Technology Resource Center of the ABA The Legal Technology Resource Center has composed a chart of ethics opinions from the several American jurisdictions dealing with cloud computing, including the standard that lawyers should follow in choosing a cloud computing service. Available at http://www.americanbar.org…
3 St. Mary’s Journal of Legal Malpractice & Ethics 204, 225, 228-29 (2013) The full text is available at: http://www.stmaryslawjournal…
Inadvertent Production of Privileged Information in Discovery in Federal Court: The Need for Well-Drafted Clawback Agreements, 64 S.C. L. REV. 581 (2013), http://www.nathancrystal.com/pdf/ClawbackAgreements.pdf