Thirty-Eighth State Adopts Duty of Technology Competence
In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its …
ABA Issues Formal Opinion on Lawyers’ Obligations After a Data Breach or Cyberattack
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On October 17, 2018, the ABA Standing Committee on Ethics and Professional Responsibility issued a formal opinion addressing lawyers’ obligations in the wake of an electronic data breach or cyberattack. See …
ABA Issues Opinion on Securing Electronic Communications
On May 22, 2017, the ABA Standing Committee on Ethics and Professional Responsibility issued a new formal opinion on Securing Communication of Protected Client Information. See ABA Formal Op. 477R (May 22, …
Twenty-Seventh State Adops Duty of Technology Competence
In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its …
The Duty of Technological Competence
In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its …
Listen Up Stone-Age Lawyers
In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and …
Does an Affirmative Duty to Avoid Negligent Destruction of Evidence Exist in Louisiana?
As noted in a previous post, Louisiana requires parties involved in litigation to avoid the intentional destruction of evidence for the purpose of depriving an opposing party of its use. While it …
Remaining Competent in Lawyering’s Digital Age
Last year, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its …
May a Lawyer Advise a Client to Take Down Harmful Facebook Posts?
In Formal Ethics Opinion 5 (July 25, 2014), the North Carolina State Bar addressed a lawyer’s obligation to advise a civil client about social media use. It concludes that a …
The Nonlinearity of Client Investment in Legal Services
In a post about Malcom Gladwell’s book David and Goliath, blogger Seth Godin discuss the Law of Diminishing Returns in advocating for moderation. See Seth’s Blog, The Moderation Glitch. He starts with the basic …