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, […]

North Carolina State Bar 2018 Formal Ethics Opinion 1

Lawyer may participate in an online rating system, NC Ethics Opinion states   Topic: participation in website directories and rating systems that include third party reviews   The Opinion “explains when a lawyer may participate in an online rating system, and a lawyer’s professional responsibility for the content posted on a profile on a website directory.” […]

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.” […]

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 […]

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 […]

First data security class action against law firm is sent to individual arbitration

The first filed privacy class law against a law firm was sent to arbitration. On April 15, 2016, Plaintiffs filed the first class action complaint against a law firm for “systematically exposing confidential client information and storing client data without adequate security”. The complaint accuses Johnson & Bell, a mid-sized Chicago firm, of failing to […]

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 […]

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 […]

D.C. Bar issues comprehensive guidelines on lawyers’ use of social media (Opinion 370 and 371)

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 […]