Confidentiality Archives - Legal Ethics Advisor

ABA Formal Opinion 496: How to Respond to Online Criticism

by Camila Rivero-Fernandez in ABA. Posted February 4, 2021

In a recent formal opinion, the ABA addressed a lawyer’s ethical obligations when deciding to respond to a negative online review. Specifically, this opinion focused on the potential for breaching client confidentiality and best practices to avoid doing so.

To CC or Not to CC? That is the Question.

by Paige Fairman in email. Posted November 4, 2020

On October 18th, Florida Bar Counsel tackled a pressing issue that is rarely addressed: Should you copy your client on emails to opposing counsel? CC

The Pandemic’s Impact on Court Reporting

by Marissa Stockwell in COVID-19. Posted October 28, 2020

Court reporters play a vital role in the court system, and like everything else, COVID-19 has put pressure on transcription services to move towards digital or artificial intelligence (AI) solutions. Impact

Disclosing Information to Prevent Danger: When Your Clients are Those Who Contribute to Climate Change

by Brittany Milrot in confidentiality. Posted October 10, 2020

Attorneys who represent greenhouse gas emitters are finding themselves battling their own legal and ethical risks, as some states are considering an attorney’s knowledge of greenhouse gas emissions to fall under the confidentiality exception that permits disclosure of confidential information when it could prevent death or substantial bodily danger. Disclosing

Will COVID-19—and Zoom—Change the Legal Profession Forever?

by Lauren Maier in COVID-19. Posted September 22, 2020

In the age of COVID-19, Zoom, and other videoconferencing platforms, are now more essential than ever to the legal profession.

How to Take a Blow: Do’s and Don’ts for Responding to Negative Online Reviews

by Camila Rivero-Fernandez in confidentiality, negative online reviews. Posted June 9, 2020

When it comes to mitigating the reputational damage caused by a client’s negative online review, attorneys can neither disclose confidential client information when responding nor inappropriately solicit positive reviews.

[…] 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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