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 […]
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 […]
Opinion No. 371 of the District of Columbia Bar’s Legal Ethics Committee Topic: Social Media II, Use of Social Media in Providing Legal Services Conclusion of the Committee: “Social media, like other technology applicable to the practice of law, will continue to change. The principles explained in this Opinion should be applied to […]
Opinion No. 370 of the District of Columbia Bar’s Legal Ethics Committee Topic: Social Media I, Marketing and Personal Use Conclusion of the Committee: “Social media is a constantly changing area of technology. Social media can be an effective tool for providing information to the public, for networking and for communications. However, using […]
On April 28, 2016, the CCBE issued a paper about the standards necessary “to ensure that the essential principles of professional secrecy and legal professional privilege are not undermined by practices undertaken by the state involving the interception of communications and access to lawyers’ data for the purpose of surveillance and/or law enforcement”. Part I describes meaning and scope of […]
A Colorado attorney was suspended from the practice of law for 18 months on several grounds, including answering to clients’ criticism on line, disclosing confidential information. By way of background: a couple retained lawyer to provide his services in a post-marital issue. Although clients signed a fee agreement, they were not fully explained the terms of payment. […]
On September 22, 2015, the West Virginia Office of Disciplinary Counsel Legal Ethics issued a comprehensive opinion to provide the guidance for lawyers on the use of social media for both business and personal matters. West Virginia Office of Disciplinary Counsel Legal Ethics Opinion 2015-02 Lawyer Disciplinary Board – L.E.O. 2015-02 The Disciplinary Board provided […]
E-discovery is inseparable from the issue of ethics. Because lawyer duties and requirements permeate the realm of e-discovery, they invariably implicate lawyers’ ethical duties. This is illustrated by the fact that the most notorious e-discovery cases are ones where lawyers are heavily sanctioned – including referral to a state bar for disciplinary proceedings. This article […]
Read Part One II. Candor F.R.C.P. 26(g) has its own Rule-11-type signature provision for discovery requests, responses and objections. If the certification of truthfulness, completeness, and propriety in law and fact violates the rule “without substantial justification,” the court is required to impose “an appropriate sanction” on counsel, the represented party, or both. Additional requirements […]
Information Law Journal, Vol. 6, Issue 2, Autumn 2015 From the article Privilege protections encourage full and candid communication between legal counsel and clients. These communications plainly serve a valuable role — but, protecting privileged communications during discovery can become one of the most time consuming and expensive elements of large-scale e-discovery projects. And, in […]