Software Archives - Legal Ethics Advisor

Secret Email Tracking is Unethical

by Sarah Cohen in Attorney Client Relationship, confidentiality, Ethics Opinion, News, Professionalism, Software, Technology. Posted March 27, 2018

A recent ethics opinion from the Illinois State Bar Association has concluded that the practice of using hidden email tracking software is unethical. The opinion makes Illinois the fourth jurisdiction to address this issue, alongside Alaska, Pennsylvania, and New York. Secret

Ask and You May Receive: The Obligation to Deliver a Client’s File in a Specific Format

by Geoffrey Marcus in Attorney Client Relationship, Attorneys Fees, confidentiality, Ethics Opinion, Professionalism, Services, Software, Technology. Posted February 6, 2018

A recent opinion from the New York State Bar Association Committee on Professional Ethics finds that where a former client requests documents regarding his case, a lawyer must take reasonable measures to deliver the documents in a form in which the client can access them; however, the lawyer may charge the reasonable fees and expenses incurred in delivering the documents in the form requested. Obligation

Colorado Goes Live with Lawyer Self-Assessment Program

by Ludovica Gardani in confidentiality, Conflict of Interest, News, Professionalism, Services, Software, Technology. Posted December 5, 2017

On October 24, 2017, the Colorado Supreme Court launched an online platform aimed at helping Colorado lawyers to practice ethically, avoid disciplinary actions, and reduce stress when dealing with rules of professional conduct.

Bloomberg Law Trains Machine to Highlight Legal Points

by Zachary Sonenblum in Attorney Client Relationship, confidentiality, News, Outsourcing, Professionalism, Services, Software, Technology. Posted November 9, 2017

On September 26, 2017, Bloomberg Law unveiled an AI program called “Points of Law,” a service that allows users to quickly identify and analyze language in a judicial opinion.

Alaska Bar Association: Use of “Web Bugs” is Unethical

by SabrinaRishmague in confidentiality, Ethics Opinion, Legal Services, Software, Technology, web bugs. confidentiality. Posted December 22, 2016

Alaska Bar Association recently advised that the use “web bugs” to track e-mail communications with opposing counsel violates The Alaska Code of Professional Conduct.

Storing Client Data in the Cloud is Ethical, With Safeguards

by Vincent Calarco in Legal Services, News, Services, Software, Technology. Posted October 19, 2015

On September 11, 2015, the Tennessee Supreme Court Board of Professional Responsibility confirmed in Formal Opinion 2015-F-159 that a lawyer may ethically allow client confidential information to be stored in “the cloud.” In doing so, the lawyer must take reasonable care to ensure that client materials remain safe and confidential. storing

[…] of a non-binding advisory opinion, as has been the case with other jurisdictions such as, Florida, San Francisco, and Delaware, it is important to note that Ohio went a step further and amended its rule regarding […]

Remote Lawyering: New Jersey and Ohio On Board - Legal Ethics Advisor on Remote Work: San Francisco Bar Association Advice in Ethics Opinion 2021-1
Not all jurisdictions have adopted the Model Rule version of the choice of law rule; seems like there might be a different result in at least some of those states. See, e.g., NY RPC 8.5(b)(2)(i) ("If the lawyer is licensed to practice only in this state, the rules to be applied shall be the rules of this state").

Art Lachman on ABA Opinion 499 Green Lights Lawyers’ Passive Investment in Firms with NonLawyer Ownership

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