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Lawyers

Lawyers Reporting Lawyers…Duty to Report in a Government Agency

by in confidentiality, Ethics Opinion. Posted July 5, 2017
Recently, the New York State Bar Association Committee on Professional Ethics opined that a government lawyer with knowledge of another government agency lawyer’s ethical violation that questions the lawyer’s fitness to practice law must report the information to a tribunal authorized to investigate the conduct, unless the information is confidential and the agency does not consent to its disclosure. Lawyers
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Cloud

In the Cloud? The Florida Bar Publishes Guidelines for Selecting a Cloud Service Provider

by in cloud computing, confidentiality, cybersecurity, Legal Services, Outsourcing, Services, Technology, third party vendors. Posted July 4, 2017
The Florida Bar's Technology Committee in collaboration with The Florida Bar's Practice Resource Institute have published both a quick start guide to cloud computing and  more comprehensive due diligence guidelines to assist lawyers in selecting a cloud service provider.
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Storage

It’s Like Leaving the File on a “Bench in the Public Square”: Unsecured Storage Results in Waiver of Attorney-Client Privilege

by in confidentiality, Featured. Posted March 21, 2017
Recently, a Virginia federal magistrate judge held that a party waived its attorney-client privilege when it posted unsecured, confidential information to a file-sharing website. Citing public policy reasons, the court ruled that uploading a file that was not password protected and available to anyone on the Internet to view is akin to leaving the file on a “bench in the public square.” storage
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Subpoena

An Attorney’s Duty of Confidentiality: Responding to a Subpoena for Client Files

by in confidentiality, Ethics Opinion, Professionalism. Posted March 28, 2016
On February 16, 2016, the ABA issued Formal Opinion 473, which revisits Formal Opinion 94-385 that was issued in 1994. In 1994, Model Rule 1.6(b), provided only two instances when a lawyer could disclose confidential information in response to a subpoena—to protect against certain crimes and to establish certain claims or defenses on behalf of the lawyer.
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Exchanged

Attorney-Client Privilege not Extended to E-Mails Exchanged with Attorney Litigation Funder

by in Attorney Client Privilege, confidentiality, Legal Services, Litigation funders, News, Professionalism. Posted March 26, 2015
On January 30, 2015, in response to a Motion to Compel, the U.S. District Court for the Southern District of New York ordered emails exchanged between defendant’s ex-wife and a litigation funder to be produced after finding that the e-mails are not protected by the attorney-client privilege.
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