May Lawyer Allow an App to Access Client Names on a Smartphone?
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 …
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, …
Lawyer Suspended for YouTube Post of Client’s Drug Dealing
On March 14, 2014, the Illinois Supreme Court suspended Mt. Sterling lawyer Jesse Raymond Gilsdorf for a period of five months. Adopting a report and recommendation from a disciplinary commission …
Why You Should Cool Down Before Responding to That Internet Post
An Illinois lawyer was disciplined last month for improperly disclosing confidential information in responding to an unfavorable Avvo.com post by her client. See In re Tsamis, No. 6288664, Illinois Disciplinary Commission (Aug. 26, …