confidentiality

Disclosing

Disclosing Information to Prevent Danger: When Your Clients are Those Who Contribute to Climate Change

by in confidentiality. Posted October 10, 2020
Attorneys who represent greenhouse gas emitters are finding themselves battling their own legal and ethical risks, as some states are considering an attorney’s knowledge of greenhouse gas emissions to fall under the confidentiality exception that permits disclosure of confidential information when it could prevent death or substantial bodily danger. Disclosing
Tags Climatechange Confidentiality Dutytodisclose Substantialbodilydanger
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Reviews

How to Take a Blow: Do’s and Don’ts for Responding to Negative Online Reviews

by in confidentiality, negative online reviews. Posted June 9, 2020
When it comes to mitigating the reputational damage caused by a client’s negative online review, attorneys can neither disclose confidential client information when responding nor inappropriately solicit positive reviews.
Tags Astroturfing Confidentiality FTC Negative online reviews Rule 1.6 Soliciting positive reviews
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Future

Utah Advances the Conversation: Future of Lawyering to Include NonLawyers?

by in ABA, Attorney Fees, client confidentiality, confidentiality, COVID-19, Rule 5.4 Professional Independence of a Lawyer, Uncategorized, Utah Regulatory Reform. Posted May 2, 2020
The Utah Supreme Court recently posted its Standing Order 15 and proposed amendments to its Rules of Professional Conduct 5.4 (Professional Independence of a Lawyer) and 1.5 (Attorney Fees), which pave the way for collaboration between lawyers and non-lawyers to both provide legal services and share revenue. Future
Tags Future of Lawyering Sharing fees with nonlawyers Utah
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Attorneys

Attorneys May Respond to Negative Online Reviews

by in Advertising, Advisory Opinion, Attorney Client Relationship, confidentiality, Legal Services, negative online reviews, Professionalism, Rules of Professional Conduct, Social Media. Posted February 22, 2019
In June 2018, the Florida Bar Ethics Committee voted 18-0 to approve a Florida Bar Staff Opinion that “permits an inquiring attorney to post a limited response to a negative online review that the attorney says falsely accuses her of theft.” Attorneys
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Recording

Recording Your Clients Without Their Consent May Be Illegal As Well As Unethical

by in Attorney Client Relationship, confidentiality, Conflict of Interest, Featured, First Amendment, Professionalism, recording your client, Rules of Professional Conduct. Posted February 6, 2019
In the wake of the discovery that Michael Cohen had covertly taped a conversation between himself and Donald Trump, the following question has been raised: is it ever permissible to record a conversation with a client without obtaining his or her consent? Recording
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PRISON

“HAVE FUN IN PRISON”: Attorney’s Text Found Prejudicial to the Administration of Justice

by in Attorney Client Relationship, Attorneys Fees, confidentiality, Legal Services, Professionalism, Rules of Professional Conduct, Technology. Posted January 11, 2019
An attorney was censured by the New Jersey Supreme Courtafter the Disciplinary Review Board determined that his conduct towards a nonpaying client violated ethics rules barring both conflicts of interest and conduct prejudicial to the administration of justice. PRISON
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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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