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A legal ethics blog of Prof. Dane S. Ciolino

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Tag: confidentiality

Worried or Wondering?

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 …

Ethics Opinions / FAQs

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 …

FAQs / Louisiana Cases / Recent Cases

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 …

Ethics Opinions

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 …

Ethics Opinions

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, …

Ethics Opinions

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. …

Ethics Opinions

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 …

Ethics Opinions

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 Rule Making

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 …

Ethics Opinions

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, …

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