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, […]

California issues Opinion 2015-193 on lawyers’ ethical duties in handling e-discovery

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 […]

Electronic Discovery for Small Cases

We think of electronic discovery as mainly used in big cases, but discovery of electronically stored information (ESI) can be extremely important regardless of the size of the case.  However, how can lawyers accommodate the need for discovery of ESI with the practical and financial restraints that apply to small cases?   A useful volume that […]

Alan W. Ezekiel, Hackers, Spies, and Stolen Secrets: Protecting Law Firms From Data Theft, 26 Harv. J.L. & Tech. 649 (2013)

From the Article: “The increasing number of data theft and espionage incidents in cyberspace has been widely reported, and law firms have become particularly attractive targets. One data security company reports that 10% of the advanced cyberattacks it investigated in the past 18 months were targeted at law firms.”   The full text is available […]

Nathan M. Crystal, Inadvertent Production of Privileged Information in Discovery in Federal Court: The Need for Well-Drafted Clawback Agreements, 64 S.C. L. REV. 581 (2013)

Inadvertent Production of Privileged Information in Discovery in Federal Court: The Need for Well-Drafted Clawback Agreements, 64 S.C. L. REV. 581 (2013), http://www.nathancrystal.com/pdf/ClawbackAgreements.pdf

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 […]