Association of the Bar of the City of New York Committee on Professional and Judicial Ethics Topic: File Retention and Obligation to Provide Electronic Documents relating to Representation The full text is available at: http://www.nycbar…
Professional Ethics Commission Topics: Client Confidences: Confidential firm data held electronically and handled by technicians for third-party vendors From the opinion: “[A]n attorney may utilize transcription and computer server backup services remote from both the lawyer’s physical office and the lawyer’s direct control or supervision without violating the attorney’s ethical obligation to maintain client confidentiality. […]
Committee on Legal Ethics and Professional Responsibility Topic: Rights of Access, Possession and Copying, Along with Retention Considerations From the Opinion: “This Formal Opinion supersedes all prior inconsistent opinions of the Committee and should be reviewed for guidance by Pennsylvania lawyers when they are opening, closing or taking other action with respect to the contents of […]
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 […]
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, […]
Standing Committee on Legal Ethics An inquiring attorney presented a factual scenario of clients preferring and sometimes requiring the attorney to send documents to the client in electronic format. The Committee was asked whether or not an attorney (1) must maintain a paper copy of the client’s file during the representation, (2) may destroy paper […]
Board of Governors Topic: Contact with Represented Persons through Web Site and Internet The full text is available at: http://www.osbar…
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-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 […]