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,
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
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
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
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
Loose lawyer lips give NYT reporter a scoop: confidentiality lessons
You’ve probably read about the New York Times reporter who says that he overheard lawyers for President Donald Trump discuss the ongoing Russia investigation at a Washington, D.C. restaurant, and then reported on the talk — which revealed details of a strategy debate, the alleged existence of documents “locked in a safe,” and other purported
U.S. border searches of e-devices: NYC bar advises on confidentiality duty
Travelling abroad for work? What should you do if a Customs and Border Patrol agent, claiming lawful authority, demands that you unlock your computer or thumb drive or cell phone — full of client confidential information — and hand it over to be searched as you cross the U.S. border?
Former GC wins $8 million; SOX pre-empted state ethics rule on client confidentiality
A whistle-blowing general counsel won an $8 million federal jury verdict earlier this month, in a case that might encourage other GC’s to call out corporate wrongdoing.
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