As we’ve noted before (here and here), the ethical duty of confidentiality is broad, and can even cover publicly available information. Now comes a reminder that based on the confidentiality rule you should obtain consent before using your client’s name in marketing materials — and that some jurisdictions go even farther. For instance,
Military prosecutor sent “bugged” e-mail to defense lawyers, says motion
We’ve written before about “web bugs” — tracking devices consisting of an object embedded in a web page or e-mail, that unobtrusively (usually invisibly) reveal whether and how a user has accessed the content. Three jurisdictions (Alaska, New York and, most recently, Illinois) have issued opinions pointing to the ethics
Redacting documents can be tech challenge — and legal ethics risk, too
Everyone knows that we have an ethical duty of competence, and in most jurisdictions this includes a duty to be aware of the “benefits and risks” of relevant technology. Examples of possible technology issues affecting our practices: encryption (and cyber-security in general), cloud storage, e-mail handling, the internet of things — there
In-house counsel and privilege: opinion offers some take-home lessons
If you’re corporate counsel to an organization, you know how hard it can be to navigate privilege issues. In a single day, you can be involved in talking to business managers, communicating with your CEO and dealing with the board. When are your communications privileged, and how can you protect them? A recent Colorado district
No DQ for violation of no-contact rule, but notes of interview must be turned over, says district court
A federal district court refused last week to disqualify a Connecticut lawyer in a suit against Yale University, even though finding a violation of the state’s version of Model Rule 4.2, the “no contact rule.” Although ruling that disqualification was too extreme a sanction, the court ordered the turnover of interview notes from the
Border searches of your e-device: encryption may be of limited value in protecting client data
Picture this: You’re travelling across U.S. borders, heading home from a client meeting abroad. However, unlike other trips, this time a Customs and Border Protection agent requests that you unlock and hand over for inspection your computer and cell phone — full of client confidential information. You’ve been concerned about this issue, and so you’ve
Two-lawyer household – too much information, Ohio Board says
Confession: I’m a lawyer who’s married to a lawyer. If that’s your situation too, then you know some of the challenges — how life at home falls apart when you both have trials scheduled; the strain on the budget in those early days when you’re paying off two sets of law school loans; playing rock-paper-scissors
Failing to notify opposing counsel of client’s “burn files” leads to disqualification in NJ case
What are your ethics obligations when your client gives you documents that the client may not be entitled to have? Model Rule 4.4(b), adopted in some form by most jurisdictions, provides some guidance. Applying it, together with other principles, a New Jersey appeals court, in an unpublished ruling, recently disqualified a firm from
Insured’s non-cooperation is confidential information, says TX ethics opinion
We’ve written before about what you can and cannot say when withdrawing from representation. Now a Texas bar ethics opinion adds a twist: what can you tell an insurance company that retains you to represent its insured, when the client won’t cooperate?
Lonely in the Lone Star state
A Texas lawyer had a quandary. An
Whoops! When do you have to tell a client about your error?
If you believe that you may have materially erred in a current client’s representation, your duty of communication under Rule 1.4 requires you to inform the client.
That’s the unsurprising conclusion that the ABA’s Standing Committee on Ethics and Professional Responsibility reached in its latest opinion, issued April 17.
Of note, though, is that