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Federal

Proposed Amendment to the Federal Rules Would Require Disclosure of Third-Party Litigation Funding

by in Attorneys Fees, confidentiality, Conflict of Interest, News, Professionalism. Posted December 19, 2017
On November 7, 2017, the Advisory Committee on Civil Rules established a new subcommittee that will study whether the potential ethical and judicial concerns surrounding third-party litigation funding merit the enactment of amendments to the federal rules that would require disclosure of outside investment in any action filed in federal court. The issue is scheduled for discussion during the committee’s April 10, 2018 meeting in Philadelphia.
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Authorization

No Implied Authorization: Consent is Key to Discuss Intentions of Deceased Client’s Will in Colorado

by in Attorney Client Relationship, confidentiality, News, Professionalism. Posted November 7, 2017
The Colorado Bar Association Ethics Committee recently published an opinion finding that will-drafting attorneys cannot volunteer information about a deceased client’s intentions to their beneficiaries without the previous consent of the client or their agent. Authorization
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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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Shred

To Shred, or Not to Shred: That is the Question – Nebraska Permits Attorneys to Shred Physical Files

by in confidentiality, Ethics Opinion, Legal Services, Professionalism, Technology. Posted September 21, 2017
The Nebraska Supreme Court’s ethics committee has released an advisory opinion permitting attorneys to destroy physical copies of a client’s closed file so long as it is preserved in electronic form. However, the opinion advises that before a physical file may be digitized and subsequently destroyed, attorneys should consider: Shred
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Catfish

LA County Bar: Attorneys Hooked by Online “Catfish” Risk Ethical Violations

by in confidentiality, Ethics Opinion, News, Social Media. Posted September 18, 2017
The Los Angeles County Bar Association Professional Responsibility and Ethics Committee recently issued an advisory opinion considering the repercussions for an attorney who communicates sensitive information to an online “catfish” –otherwise known as an individual who assumes a false identity in order to elicit sensitive information or otherwise defraud an unsuspecting person.
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Confidential

New York City Bar: Is A Client’s Confidential Information Secure at the Border?

by in Attorney Client Privilege, client confidentiality, confidentiality, cybersecurity, Ethics Opinion, Hardware, Legal Services, Professionalism, Technology, us border searches. Posted August 17, 2017
Attorney’s traveling across the U.S. border may have to account for more than just their luggage. In fact, the New York City Bar recently issued Formal Opinion 2017-5, which offers guidance on dealing with the threat of disclosing confidential client information during a border search of electronic devices.
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