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 […]
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 […]
Topic: Lawyers’ Recommendations on Professional Networking Website The full text can be found at: http://www.ncbar…
Committee on Professional Ethics – Opinion 940 Topic: Use of off-site backup tapes to store a client’s confidential information; retention of files in original paper form Digest of the Committee: “Lawyer may store confidential information on off-site backup tapes if lawyer takes reasonable care to ensure adequacy of systems to protect confidentiality. When records must […]
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) […]
Scope of the Guidelines: “This paper is intended to create more awareness about the various risks associated with cloud computing. As such, the guidelines in Part II of this paper are addressed to the CCBE’s member bars and law societies drawing attention to the issues which are likely to be faced by individual lawyers in making informed decisions […]
During its August 2012 Annual Meeting, the ABA House of Delegates approved the recommendations sponsored by the ABA Commission on Ethics 20/20. The amendments substantially recognize the evolving use of technology in the advertisement and practice of law and the increasing mobility of lawyers. In particular, the amendments introduced the concept of reasonable efforts to […]
From the Article: “Accordingly, because email is outmoded, inherently unsecure, and there are now more secure forms of electronic communication available, I predict that within two years or so, lawyers in most jurisdictions will choose to, or be required to, communicate and collaborate with clients using encrypted communications. And, the platform of choice will be encrypted […]
The full text is available to members at http://www.law.com…
ISBA Professional Conduct Advisory Opinion No. 12-16 Topic: Confidentiality; Conflicts of Interest Digest of the ISBA: “Formal mentoring programs create an opportunity for a new or recently licensed lawyer to receive professional guidance and practical knowledge from a more experienced lawyer. However, both the new lawyer and the mentor must take care to protect client confidentiality and the […]