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Confidential

Forwarding Fail: Forfeiting Legal Fees for Emailing Confidential Client Information?

by in Attorney Client Privilege, fiduciary, Idaho, legal ethics, Technology, Uncategorized. Posted October 29, 2019
The Idaho Supreme Court recently held, in Parkinson v. Bevis, that a client may sue her attorney for breach of a fiduciary duty arising out of the attorney-client relationship, just as any other principal may sue her agent who owes her a fiduciary duty, and seek fee disgorgement as a remedy. Confidential
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Diminished capacity

California Task Force Proposes Innovative Regulatory Changes that Add Technology and Nonlawyer into the Legal Services Mix

by in Attorney Client Relationship, Legal Services, Referral Services, Technology. Posted August 6, 2019
After a recent study found that ethics rules which prevent lawyers from working with other disciplines is driving up the cost of legal services and pricing consumers out of the legal market, California’s State Bar is taking steps to allow lawyers and firms to evolve their business practices and keep up with the times.
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Withdraws

New York State Bar Withdraws Proposal for ABA Best Practices for Online Legal Document Providers

by in Attorney Client Relationship, Featured, Legal Services, online legal document providers, Outsourcing, Rules of Professional Conduct, Technology. Posted February 20, 2019
The online legal services market is a worldwide, multi-billion dollar (and growing) industry, with clients increasingly turning to the Internet—rather than an attorney—for their legal needs. Withdraws
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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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