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, […]
Lawyer may participate in an online rating system, NC Ethics Opinion states Topic: participation in website directories and rating systems that include third party reviews The Opinion “explains when a lawyer may participate in an online rating system, and a lawyer’s professional responsibility for the content posted on a profile on a website directory.” […]
American Bar Association Standing Committee on Ethics and Professional Responsibility Topic: Confidentiality Obligations for Lawyer Blogging and Other Public Commentary “Lawyers who blog or engage in other public commentary may not reveal information relating to a representation, including information contained in a public record, unless authorized by a provision of the Model Rules.” […]
Ethics Advisory Committee Topic: Copying an opposing party on an email Lawyer sending emails to other lawyers and copying several people, including one of the lawyers’ clients Summary from the opinion Copying an opposing party on an email or letter is communication for purposes of Rule 4.2, SCRPC. Absent the consent of Lawyer […]
On July 25, 2017, the New York City Bar issued Formal Opinion 2017- 5, which concludes that lawyers have a duty to protect clients’ confidential information from disclosure. This duty stretches to U.S. border agents searching electronic devices. Lawyers shall take “reasonable precautions” to avoid disclosure of clients’ confidential information. Such precautions will vary based […]
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 […]
The first filed privacy class law against a law firm was sent to arbitration. On April 15, 2016, Plaintiffs filed the first class action complaint against a law firm for “systematically exposing confidential client information and storing client data without adequate security”. The complaint accuses Johnson & Bell, a mid-sized Chicago firm, of failing to […]
Colorado Bar Association Ethics Committee Topic: lawyer’s posting or sharing of materials Conclusion of the Committee: “In many situations, making information obtained in the course of representing a client public is helpful, either to other lawyers or to educate the public. But client confidences must be respected. When a client gives informed consent to […]