Dennis Kennedy, Cloud Computing

ABA Techreport 2014 Conclusion from the article: “The 2014 Legal Technology Survey Report indicates that, for a significant number of lawyers and firms, cloud services are part of the IT equation, but also shows that the adoption rates have slowed, raising the question whether we seeing a pause or a plateau. The strong interest in consumer cloud […]

Texas prosecutors shall adopt an “open file” policy for all criminal defense lawyers

Texas Ethic Opinion 646 Professional Ethics Committee for the State Bar of Texas   Topic: Prosecutor right to require criminal defense lawyers to keep confidential discoverable information contained in the prosecutor’s file. Statement of facts “A district attorney requires criminal defense lawyers to sign a confidentiality agreement as a condition to granting lawyers access to […]

New York State Bar Opinion 1032

Committee on Professional Ethics Topic: Responding to a former client’s critical commentary on a website   Digest of the Committee: “A lawyer may not disclose confidential client information solely to respond to a former client’s criticism of the lawyer posted on a lawyer-rating website.” New York Rules of Professional Conduct: 1.6(a); 1.6(b); 1.9(c) The full […]

Pennsylvania Bar Association Formal Opinion 2014-300

The Pennsylvania Bar Association issued a formal opinion on attorneys’ use of social media. The opinion deals with the following issues: (1) whether attorneys may advise clients about the content of the clients’ social networking websites; (2) whether attorneys may connect with a client or former client on a social networking website; (3) whether attorneys […]

Pennsylvania Bar Association Formal Opinion 2014-200

The Pennsylvania Bar Association issued a formal opinion on lawyers’ response to clients’ negative review. Conclusion from the opinion: “a lawyer cannot reveal client confidential information in a response to a client’s negative online review absent the client’s informed consent.” Pennsylvania ethics opinions available at https://www.pabar… (members only) Relevant Law: Pennsylvania Rules of Professional Conduct: 1.6 “Confidentiality […]

South Carolina State Bar Ethics, Advisory Opinion 14-01

Ethics Advisory Committee Topic: Fees and Duty of Confidentiality – Matching Services The Committee was asked to opine on the ethical propriety of following arrangement: potential client pays a fee to a group XYZ which acts as an attorney matching service for family court matters. XYZ pays $800 to attorney to consult with the client, and attend one […]

Alaska Bar Association Ethics Committee Opinion No. 2014-3

Topic: Cloud Computing and the Practice of Law  Conclusion of the Committee:  “A lawyer may use cloud computing for file storage as long as he or she takes reasonable steps to ensure that sensitive client information remains confidential and safeguarded.  With the issuance of this opinion, Alaska joins the community of bar associations concluding that […]

A proposed California ethics opinion warns lawyers of their duty of competence and confidentiality in e-discovery

Based on a hypothetical situation in which an attorney – mistakenly believing that the existing clawback agreement is broader than it is and would allow recovery of inadvertently produced material –  agrees with opposing counsel that his client’s database could be searched with search terms that the opposing counsel suggests.  Attorney does not review material […]

Victor Li, In-House Lawyers Face Technological Minefield to Preserve Client Confidentiality

ABA Journal (March 28, 2014) Author describes how “In-house counsel have historically faced greater hurdles than their outside counterparts in proving that their client communications are confidential. And advancements in legal technology have made in-house counsel’s lives even more difficult.” The full text is available at: http://www.abajournal…