Rules of Professional Conduct Committee Topic: Lawyer’s Use of Technology Conclusion of the Committee: “A lawyer must consider the benefits and risks associated with using technology in representing a client. When a lawyer uses technology in representing a client, the lawyer must use reasonable care to protect client information and to assure that client data […]
On October 17, 20180 the American Bar Association issued ABA formal opinion 483 addressing attorneys’ ethical obligations after a data breach that involves information relating to the representation of a client. According to the Opinion, compliance with the obligations imposed by the Model Rules of Professional Conduct depends on the nature of the […]
Topic: Lawyers’ Obligations After an Electronic Data Breach or Cyberattack “Model Rule 1.4 requires lawyers to keep clients “reasonably informed” about the status of a matter and to explain matters “to the extent reasonably necessary to permit a client to make an informed decision regarding the representation.” Model Rules 1.1, 1.6, 5.1 and 5.3, […]
North Carolina State Bar 2017 Formal Ethics Opinion 1 April 21, 2017 Topic: text message advertising The Opinion clarifies that lawyers may use the text message advertising that allows the user to initiate a live telephone communication, provided it complies with North Carolina Rules of Professional Conduct 7.1, 7.2, and 7.3, and all applicable federal […]
On April 27, 2017, the Nebraska Supreme Court ordered the suspension of an attorney from the practice of law for a period of 90 days followed by 1 year’s monitored probation. The Counsel for Discipline of the Nebraska Supreme Court filed formal charges against the attorney. According to the charges, the attorney had taken […]
American Bar Association Standing Committee on Ethics and Professional Responsibility Topic: Securing Communication of Protected Client Information “A lawyer generally may transmit information relating to the representation of a client over the internet without violating the Model Rules of Professional Conduct where the lawyer has undertaken reasonable efforts to prevent inadvertent or unauthorized access […]
In November 2016, the DC Bar Legal Ethics Committee issued Ethics Opinion 370 (Social Media I) and 371 (Social Media II), which address the use of social media by lawyers for marketing and personal use and for providing legal services. The two opinions aim at increasing awareness of the ethical issues generating from the increasing use […]
Opinion No. 371 of the District of Columbia Bar’s Legal Ethics Committee Topic: Social Media II, Use of Social Media in Providing Legal Services Conclusion of the Committee: “Social media, like other technology applicable to the practice of law, will continue to change. The principles explained in this Opinion should be applied to […]
Opinion No. 370 of the District of Columbia Bar’s Legal Ethics Committee Topic: Social Media I, Marketing and Personal Use Conclusion of the Committee: “Social media is a constantly changing area of technology. Social media can be an effective tool for providing information to the public, for networking and for communications. However, using […]
A Colorado attorney was suspended from the practice of law for 18 months on several grounds, including answering to clients’ criticism on line, disclosing confidential information. By way of background: a couple retained lawyer to provide his services in a post-marital issue. Although clients signed a fee agreement, they were not fully explained the terms of payment. […]