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, […]
On June 19, 2018, the Court of Appeals for the District of Columbia, provided an important reminder on when a communication can be considered privileged. According to the decision, a document is privileged depending on the purpose of the communications at issue. Before producing documents in a litigation, to maintain attorney-client privilege, counsel should determine […]
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 […]
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 […]
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 […]
On February 9, 2017, a Virginia District Court deemed that the posting of privileged information on the web without protection results in a waiver. In this case, Harleysville Insurance Company, (“Harleysville”) sued the defendants, Holding Funeral Home, Inc. seeking a declaratory judgment that it did not owe them fire loss claim. (Incidentally, the District Court […]
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 […]
On June 27, 2014, the D.C. Court of Appeals issued an opinion clarifying that it is not necessary for an investigation to have as only purpose to obtain or provide legal advice in order to maintain privilege. It is sufficient that one of its “significant purposes” was to provide legal advice. In re Kellogg […]