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, […]
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 […]
Committee on Professional Ethics Topic: “A lawyer’s ethical duty of technological competence with respect to the duty to protect a client’s confidential information from cybersecurity risk and handling e-discovery when representing clients in a litigation or government investigation” From the digest: A lawyer’s ethical duty of competence extends to the manner in which […]
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 […]
Texas Ethics Opinion 642 (Revised) Professional Ethics Committee for the State Bar of Texas In September 2015, the Professional Ethics Committee for the State Bar of Texas revised Opinion 642. The Opinion confirmed that non-lawyers employees cannot use “officer” or “principal” in job title because it is generally understood that officers and principals exercise control […]
In Formal Opinion 2015-193 the State Bar of California Standing Committee on Professional Responsibility and Conduct (“California Ethics Committee” or “Committee”) discussed three of the duties applicable to attorneys involved in e-discovery: the duty of competency, the duty to supervise, and the duty of confidentiality. The Committee advised that the duty of competency required attorneys […]