ISBA Professional Conduct Advisory Opinion No. 12-15 Topic: Confidentiality Digest of the ISBA: “Use of a lawyer listserv or bar association online discussion group can be a useful and effective means to educate lawyers and can provide a resource when lawyers engage in research and decision-making. However, when lawyers consult with other lawyers who are not associated with them in […]
Committee on Professional Ethics Topic: Disclosure of information obtained from purported client Digest of the Committee: “An individual whose purpose in communicating with an attorney is to defraud that attorney rather than to obtain legal services is not a client or prospective client entitled to confidentiality, and it would not violate any ethical rules for […]
Massachusetts Bar Association Ethics Opinion 12-03 [Approved by the Massachusetts Bar Association’s House of Delegates on May 17, 2012] Topics: Cloud Computing; Google docs Summary of the opinion: “A lawyer generally may store and synchronize electronic work files containing confidential client information across different platforms and devices using an Internet based storage solution, such as ‘Google […]
ISBA Professional Conduct Advisory Opinion No. 12-03 Topic: Advertising and Solicitation; Confidentiality; Referral Fees and Arrangements Digest of the ISBA: “A lawyer may participate in a networking group with other service professionals which refers clients to one another if: (a) the reciprocal referrals are not exclusive; (b) the lawyer requests prior consent from the client to […]
South Carolina Lawyer 8 (January 2012) Author reviews the most important developments in professional ethics in 2011: (i) Advertising – Amendments to South Carolina Rules of Professional Conduct; (ii) Advertising – Groupon and similar services; (iii) Advertising—Misrepresentation on websites; (iv) Appointments – Just compensation for legal services; (v) Appointments – Right to counsel in civil […]
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 […]
Topics: Subscribing to Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property Summary: “Opinion rules that a lawyer may contract with a vendor of software as a service provided the lawyer uses reasonable care to safeguard confidential client information.” From the Opinion: “This opinion does not set forth specific […]
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 […]
Committee on Legal Ethics and Professional Responsibility – Formal Opinion 2011-200 Topics: Ethical Obligations for Attorneys Using Cloud Computing/Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property From the opinion: “From a more technical perspective, ‘cloud computing’ encompasses several similar types of services under different names and brands, including: […]
From the document: “Best Practices, Recommendations & Principles for Addressing the Preservation Discovery of Protected Data in U.S. Litigation… The purpose of International Principles is to provide guidance to public and private parties, counsel, data protection authorities, and the judiciary regarding the management of conflicts that may arise when there is an obligation in one […]