Technology Archives - Page 3 of 9 - Legal Ethics Advisor

Maryland Ethics Committee Addresses the EU citizen’s “Right to be Forgotten”

by Shawn Wilborne in Conflict of Interest, Ethics Opinion, Technology. Posted November 7, 2018

The Maryland State Bar Association’s (MSBA) Ethics Committee responded to attorneys’ concerns regarding the passage of the European Union’s General Data Protection Regulation (GDPR), which became effective earlier this year.

Attorney Escapes Sanctions for Failure to Check Metadata on Client’s Staged Images

by Christina Jaramillo in Attorney Client Relationship, Technology. Posted September 10, 2018

The United States District Court for the Southern District of New York did not impose sanctions on an attorney who failed to check the metadata on fraudulent photographs that were produced by his client in discovery. Escapes

Florida Supreme Court Adopts Amendments to Attorney Referral Rules that Allow for Non-Lawyer Ownership of a Lawyer Referral Service

by Carla Menda in Legal Services, News, Professionalism, Referral Services, Services, Technology. Posted April 23, 2018

In an opinion issued on March 8, 2018, the Florida Supreme Court amended the lawyer referral rules under 4-7.22 making significant changes to the rule by broadening definitions, categorizing referral companies as “qualifying providers” and “matching services”, and removing the requirement that lawyer referral services include a disclaimer.

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

Ohio Joins New York in Approving the Use of Virtual Law Firms

by Yasbel Perez in Advertising, Advisory Opinion, confidentiality, Legal Services, Professionalism, Technology. Posted February 2, 2018

In a recent Board Advisory Opinion, Ohio joined other states, like New York, Pennsylvania, North Carolina, and New Jersey, in approving the use of virtual law firms.

The ABA Draws a Brightline for Judges Conducting Independent Factual Research

by Daniel Celaya in Ethics Opinion, judges, News, Professionalism, Social Media, Technology. Posted January 16, 2018

The American Bar Association’s latest formal opinion prohibits judges from conducting independent research on adjudicative facts unless the information is subject to judicial notice. However, judges are permitted to use the Internet to search for general contextual information and to research legislative facts. Brightline

[…] 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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