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
Congressman’s tweet about Michael Cohen draws FL disciplinary review
Do we ever take off our “lawyer hats”?
The question has been in the news because of a tweet by Rep. Matt Gaetz, who represents Florida’s first congressional district and is a member of the Florida bar. Pictured at the right, the tweet was directed at Michael Cohen, President Trump’s former attorney, the night before
Extortion or just negotiations? That slippery slope
Last week the media was abuzz with the allegations made against the National Enquirer by Jeff Bezos, the founder of Amazon and the owner of The Washington Post. The details in Bezos’ blog post about his ongoing dispute with the Enquirer and its publisher David Pecker are sensationalistic to say the least: the world’s richest
Disbarment for anonymous on-line posts should “send a message,” says LA supreme court
Do we need another reminder about the perils of posting internet comments on cases and matters we are connected with? Apparently we do, and here’s a strong one. Earlier this month, an assistant U.S. attorney for the Eastern District of Louisiana was disbarred based on hundreds of comments he posted pseudonymously on the website of
LegalForce v. UpCounsel suit challenges on-line lawyer ratings, processing fees
Making big news this summer was the shut-down of Avvo Legal Services just a few months after it was acquired by Internet Brands. (A couple of the many reports are here and here.) Some speculated that the new corporate owner had no stomach to continue to fight for that portion of Avvo’s business
Social media follies: watch your step
Four quick takes on social media pratfalls by judges, lawyers and others — just from the last few weeks. Don’t let these happen to you!
- A Kentucky state court judge posted a comment on a pending murder case on her “official” Facebook page: “This murder suspect was RELEASED FROM JAIL just hours after killing a
Watch those hypotheticals, says ABA in new opinion on blogs, tweets, “public commentary”
We’ve written before about the breadth of the duty of confidentiality we owe to our clients, and how it even extends to matters that you think are safe to discuss because they are of “public record.” (See here and here.) Now comes the ABA’s latest on the subject of lawyer “public commentary” — Formal
ABA proposes changes to lawyer ad rules; but referral-fee issue as to Avvo and others remains open
The ABA is proposing changes to the Model Rules on lawyer advertising, modestly streamlining them and trying to re-establish their relevance to the way lawyers and clients interact in the digital age. The proposed amendments and their supporting memo fail to make any express adjustment for the elephant in the room — on-line referral services
Top legal ethics trends 2018: cyber-safety, the “Uber effect,” and more
Greetings 2018! Time for some ethics trend predictions to kick off the Year of the Dog (according to the Chinese zodiac). Let it be a year in which you doggedly pursue ethical practice (ouch). No more bad puns — here’s what’s hot as we begin the year:
Law firm cyber-security
No surprise here that the