Kevin Conneran, Beyond Technophobia: Lawyers’ Ethical and Legal Obligations to Monitor Evolving Technology and Security Risks

21 Rich. J.L. & Tech. 9 (2015) Author argues that because of the evolving security risks brought by e-mail, Internet, and cloud computing, lawyers must reassess their ethical duties of competence and confidentiality. Ignorance of technology may lead to violations of lawyers’ fundamental ethical duties of competence and confidentiality. Mentioned rules: ABA Model Rule 1.1; […]

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James M. Altman, Inadvertent Disclosure and Rule 4.4(b)’s Erosion of Attorney Professionalism

Author discusses why “Rule 4.4(b) provides no immediate protection to confidential information in the inadvertently disclosed document”. Mentioned Rule: 4.4(b) New York Code of Professional Responsibility The full text of the document is available at http://www.bryancave…

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Peter Geraghty, Cybersecurity and the use of emerging technologies, Part 1 and Part 2

YourABA 2014 The article discusses the following topics: Email: To encrypt or not to encrypt? Reference to ABA Formal Opinion 99-413, 11-459  and 11-460; North Carolina Opinion 2012-5 (2012) Portable devices. Reference to California State Bar Opinion 2010-179 Cloud Computing. Reference to Alaska Opinion 2014-3; Washington state bar Opinion 2215 (2012); California State Bar Interim Opinion 11-0004 […]

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Nathan M. Crystal, Enforcing Fee Splitting Rules: Equity Rather than Strict Compliance

South Carolina Lawyer 12 (May 2014) Originally published as Ethics Watch: Enforcing Fee Splitting Rules: Equity Rather than Strict Compliance, South Carolina Lawyer 12 (May 2014) Author discusses the basic principles applicable in case of coconseuling or referrals when lawyers, who are not members of a firm, split their fees.   Relevant Law: Illinois Rules of […]

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Ravel, the visual legal research system

The ABA published an interesting article on Ravel (https://www.ravellaw.com/), a new way to do legal research. The main idea is a different presentation of the search results: rather than displaying only a list of text entries, Ravel draws a visual map of the results, “showing the relationships among cases and their relative importance to each […]

Louise Lark Hill, Symposium on Legal Ethics for the Transactional Lawyer: Technology – A Motivation Behind Recent Model Rule Revisions, 40 N. Ky. L. Rev. 315 (2013)

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 […]

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