New York City Bar Opinion 2017-5 on lawyer’s duty of confidentiality when crossing borders

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 […]

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Oregon State Bar Formal Opinion 2013-189

Oregon State Bar Formal Opinion No. 2013-189  Approved by Board of Governors, February 2013 Topic: Lawyers’ Use of Social Networks Oregon lawyers may access publicly available information on social networking sites, can request access to non-public information if the person is not represented by counsel in the matter, and may in very limited circumstances advise or supervise […]

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Connecticut Bar Association, Informal Opinion 2011-4

 Professional Ethics Committee Topic: Hiring Private Investigator to “Friend” Opposing Party on Social Networking Sites From the Opinion: “In conclusion, in the Committee’s opinion, under the facts presented, a lawyer may not hire an investigator to “friend” an adverse party in litigation. to develop evidence to be used against that party”. Relevant Law: Connecticut Rule of […]

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Florida Bar Opinion 10-2

Professional Ethics Committee of the Florida Bar Topic: Lawyers’ Ethical Obligation for Stored Files From the opinion: “In conclusion, when a lawyer chooses to use Devices that contain Storage Media, the lawyer must take reasonable steps to ensure that client confidentiality is maintained and that the Device is sanitized before disposition. These reasonable steps include: (1) identification of […]

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Virginia Bar Association, Legal Ethics Opinion 1842

Ethics Committee Topic: Obligations of a Lawyer who Receives Confidential Information via Law Firm Website or Telephone Voicemail From the opinion “Standing alone, publication of a telephone number in a yellow pages advertisement cannot reasonably be construed as an invitation by the lawyer or firm to an individual to submit confidential information. The Committee believes the lawyer does […]

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