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A legal ethics blog of Prof. Dane S. Ciolino

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Tag: confidentiality

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, …

Recent Cases

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 …

Ethics Opinions / Technology

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, …

Recent Cases / Technology

Why Lawyers Should Stop Worrying About Using Public Wi-Fi

Rule 1.6 of course requires a lawyer to maintain the confidentiality of client information. But does it require a lawyer who digitally stores and communicates information to use über-security measures like encryption or …

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  • La. Legal EthicsSloppy Arbitration Clauses are Unenforceable https://t.co/nzcElDrpdo, Dec 21
  • La. Legal EthicsABA Issues Opinion on Conflicts Arising Out of Personal Relationship with Opposing Counsel https://t.co/ErTvtA8t5s, Oct 16
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  • La. Legal EthicsSeptember 2020 Discipline These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations published during the month of September 2020. https://t.co/6Eb0eDegTm, Oct 14
  • La. Legal EthicsRT @TAPressly: Did you know that the Louisiana Bar Association is lobbying against tort reform? I’m a dues paying member to the bar and ADAMANTLY OPPOSE the organization lobbying for or against any bill. To oppose a bill that will make Louisiana competitive is unconscionable. https://t.co/2KSRrEFGsH, May 13
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