24
Jul
2012
Pennsylvania lawyers may ethically allow client confidential material to be stored in “the cloud” provided the attorney takes reasonable care to assure that (1) all such materials remain confidential, and (2) reasonable safeguards are employed to ensure that the data is protected from breaches, data loss and other risks. Pennsylvania Formal Opinion 2011-200
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Categories : Electronic Files, Computer Use, Pennsylvania, Cloud
11
Jul
2011
A lawyer who is mistakenly copied on an e-mail between opposing counsel and their client, must notify the sender and consult with the lawyer’s own client in deciding whether and how to use the information. Penn. Bar. Ass’n. Comm on Legal ethics and Professional Responsibility Op. 2011-10 (03/2/2011)
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Categories : Confidentiality, Attorney-client relationship, E-mail, Attorney-client privilege, Pennsylvania, Ethics Opinions
20
Jun
2009
Pennsylvania lawyers who receive electronic content from opposing counsel can examine metadata hidden in documents and use it for the client’s benefits. Pennsylvania Bar Ass’n, Comm. on Legal Ethics and Professn’l. Responsibility, Formal Op. 2009-100
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Categories : Meta-data, Pennsylvania
21
Apr
2009
The Philadelphia Bar Association’s Professional Guidance Committee addressed the question of an attorney trying to access Facebook and Myspace accounts of a third party witness in Ethics Opinion 2009-2 (March 2009).
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Categories : e-Discovery, Websites, Ex Parte Communications, Computer Use, Pennsylvania, Social Networking, Social Computing
6
Feb
2008
In Pa. B. Ass’n Comm. on Legal Ethics & Prof. Responsibility Formal Op. No. 2007-100 (2007), the committee in a thoughtful opinion addressed the complex issues of locating, finding, and giving to a client its “file” when e-documents, e-mail, and other digital data is involved. Unfortunately, the opinion is only available for members of that state’s bar, or on Westlaw, at 2007 WL 1170779. The opinion contains some useful language that lawyers might want to consider in their engagement letters to avoid later disputes about how much work the lawyer must engage in to find e-mail and other digital information if the client requests its file.
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Categories : Electronic Files, Pennsylvania
23
Jan
2008
As noted elsewhere here, the question of whether it is ethical to look for metadata in a document e-mailed among opposing counsel has split the bar associations. Pennsylvania recently issued opinion 2007-500 (not available on line, but at 30 Pa. Law. 46 and on westlaw). After surveying those opinions, the committee concluded that “it would be difficult to establish a rule applicable in all circumstances and that consequently the final determination of how to address the inadvertent disclosure of metadata should be left to the individual attorney and his or her analysis of the applicable facts.”
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Categories : Meta-data, E-mail, Pennsylvania
29
Apr
2004
Pennsylvania’s Supreme Court adopted a package of rules to allow for greater “multi-jurisdictional practice.” PDF files of the court’s ruling and the text of the changes are available here and here. These rules are modeled on ABA Model Rule 5.5 and 8.5.
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Categories : Pennsylvania, MDP
21
Aug
2001
In Commonwealth of Pennsylvania v. Rekasie, J-52-2000 (August 20, 2001), the Pennsylvania Supreme Court issued a ruling suggesting that individuals may have no reasonable expectation of privacy in telephone calls made in their own home. The court reasoned that with speakerphones, cell phones and the like, users have no way of knowing who might be listening in on a conversation and thus no reasonable expectation that the call will be private. In a footnote the court noted that its opinion was limited to the context of consensual wire interceptions but the text of the opinion does not suggest the analysis could come out differently outside that context. An article on the opinion appears at Law.com and dissenting and concurring opinions are also available: 1, 2, 3 (concurring).
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Categories : Confidentiality, Pennsylvania
8
Nov
1998
Pennsylvania Ethics Opinions are available to members only from the state bar website.
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Categories : Pennsylvania, Ethics Opinions
8
Nov
1998
Pennsylvania Rules of Professional Conduct are available online with a narrative from the Legal Information Institute.
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Categories : Pennsylvania, Rules of Conduct
25
Aug
1998
Pennsylvania 98-85 (July 24, 1998) discusses jurisdictional issues associated with lawyer website publication.
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Categories : Websites, Advertising, Pennsylvania
4
May
1998
Philadelpiha Bar Association opinion 98-6 (March 1998), discusses ethical issues associated with lawyer discussion group and chat use.
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Categories : Confidentiality, Attorney-client relationship, Discussion Groups, Pennsylvania, UPL
20
Sep
1997
Pennslyvania opinion 96-112 (August 27, 1996) noted that lawyers may not participate in Internet referral services as they violate applicable rules of professional conduct.
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Categories : Lawyer Referral Services, Advertising, Pennsylvania
