May 2022: Worried or Wondering?
You’ve been busy focusing on what matters most. We have been handling the rest. Here is a summary of some of the more interesting or frequently asked questions we received …
May a lawyer consent for an app to access contacts on the lawyer’s smartphone that include the lawyer’s current, former or prospective clients?
Cell phones have become an integral part of our lives. This is especially true for lawyers. Whether you are answering a client’s email or conducting a quick Westlaw search, smart …
Producing a Former Client’s File in Response to a Subpoena Duces Tecum
Discovery is a critical component of any personal injury case. Lawyers send interrogatories, request independent medical examinations, notice depositions, and request documents during this fact gathering stage. Most obviously, defense …
ABA Issues Formal Opinion on “Generally Known” Exception to Using Former-Client Information
Both the ABA Model Rules of Professional Conduct and the corresponding Louisiana Rules broadly prohibit a lawyer from revealing former-client confidences. A lawyer may do so rarely and then only …
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, …
My Client Called Me a “Thief” on the Internet, May I Respond?
No, according to a recent ethics opinion addressing whether a lawyer may disclose confidential information to respond to online criticism. See Bar Assoc. of Nassau County, Cmte. on Prof’l Ethics, Op. No. …
The Duty of Confidentiality Protects Even Publicly Available Information
The Standing Committee on Professional Responsibility and Conduct of the California State Bar has issued an advisory opinion addressing the scope of a lawyer’s duty to refrain from disclosing potentially …
Should Lawyers Reconsider Confidential Email Communications?
No, but it’s a question worth asking. The Professional Ethics Committee for the State Bar of Texas recently considered whether a lawyer should continue using email for client communications in …
Louisiana Supreme Court Amends Rule 1.6 on Confidentiality
On January 13, 2015, the Louisiana Supreme Court amended Rule 1.6 of the Louisiana Rules of Professional Conduct both to permit more disclosures of client confidential information, and to require …
Can a Lawyer Respond to a Client’s On-Line Criticism?
Two recent bar association advisory opinions address whether a lawyer can disclose confidential information when responding to a client’s on-line criticism. See New York State Bar Assoc. Ethics Op. 1032 (Oct. 30, …