ABA Formal Opinion 483

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, […]

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ABA Formal Opinion 480

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.” […]

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ABA Formal Opinion 477

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 […]

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Colorado Formal Opinion 130

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 […]

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New York County Lawyers’ Association Ethics Opinion 749

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 he […]

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Texas lawyers may communicate confidential information by e-mail

Texas Ethic Opinion 648 Professional Ethics Committee for the State Bar of Texas   Topic: Communication of confidential information by email   Conclusion of the Committee: “Under the Texas Disciplinary Rules of Professional Conduct, and considering the present state of technology and email usage, a lawyer may generally communicate confidential information by email. Some circumstances, […]

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Virginia Bar Association, Legal Ethics Opinion 1872

Ethics Committee Topic: Virtual Law Office, cloud computing From the Opinion: “This opinion is an examination of the ethical issues involved in a lawyer or firm’s use of a virtual law office, including cloud computing, and/or executive office suites. These issues include marketing, supervision of lawyers and nonlawyers in the firm, and competence and confidentiality when […]

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New York City Bar Formal Opinion 2012-1

Topic: bligations Upon Receiving a Document Not Intended for the Recipient A lawyer who receives a misdirected communication must notify the sender but does not have to destroy or return it. The New York City Bar Committee on Professional Ethics issued Formal Opinion 2012-01 which contemplates the ethical obligations of a lawyer who receives a […]


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