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Breaches

The ABA Provides Guidance to Lawyers on How to Handle Breaches of Client Data

by in Advisory Opinion, Attorney Client Relationship, confidentiality, data breach, Outsourcing, Rules of Professional Conduct, Technology. Posted January 9, 2019
Lawyers must take reasonable steps to keep confidential client information secure, and the ABA Standing Committee on Ethics and Professional Responsibility has recently issued a formal opinion—Formal Opinion 483—that reaffirms that duty. The opinion also provides guidance to help lawyers meet this duty. Breaches
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Hampshire

New Hampshire Bar Finds Lawyer-Client Bartering is a Business Transaction

by in Advisory Opinion, Attorney Client Relationship, Attorneys Fees, News, Professionalism. Posted February 8, 2018
A recent opinion published by the New Hampshire Bar Association Ethics Committee finds that legal fee bartering is a business transaction with a client subject to ABA Model Rule 1.8(a) requirements, which apply a reasonable standard and include a thorough discussion with the client, the suggestion that the client seek advice from another lawyer, and written consent.
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Ethical

Update on the Ethical Implications of Ex-Judge Posner’s New Book

by in Advisory Opinion, judges, News, Pro Se, Professionalism. Posted November 14, 2017
After causing an uproar from his former colleagues with his new book, Reforming the Federal Judiciary: My Former Court Needs to Overhaul Its Staff Attorney Program and Begin Televising Its Oral Arguments, recently-retired Judge Posner has moved forward with his crusade with the announcement that he will be representing pro se litigants. Ethical
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Professional

New York State Bar: Lawyers Offering Professional Services that are Indistinct from Legal Services Remain Subject to Rules of Professional Conduct

by in Advisory Opinion, Legal Services, News, Professionalism. Posted October 19, 2017
The New York State Bar Association (“NYSBA”) Committee on Professional Ethics has issued an advisory opinion stating that all of New York’s Rules of Professional Conduct apply to any non-legal service provided by a New York attorney when those services are indistinct from the attorney’s own legal services.
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Violations

LA County Bar: Ethical Violations Abound When Blogging Attorney Spills the Beans

by in Advisory Opinion, confidentiality, News, Professionalism, Social Media. Posted October 2, 2017
In an advisory opinion considering the ethical risks to incautious “catfished” attorneys, the Los Angeles County Bar Association Professional Responsibility and Ethics Committee also weighed in on the potential for ethical violations when an attorney discloses thinly veiled client information on blogs and online discussion boards.
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