24
Jul
2012
Main lawyers may store and synchronize electronic work files containing confidential client information. Maine Ethics Opinion #194 (June 30, 2008). Processing of firm data may include transcription of voice recordings and transfer of firm computer files to an off-site “back-up” of the firm’s electronically held data.
At a minimum, the lawyer should take steps to ensure that the company providing confidential data storage has a legally enforceable obligation to maintain the confidentiality of the client data involved. With the pervasive and changing use of evolving technology in communication and other aspects of legal practice, particular safeguards which might constitute reasonable efforts in a specific context today may be outdated in a different context tomorrow. Therefore, rather than attempting to delineate acceptable and unacceptable practices, the opinion outline guidance for the lawyer to consider in determining when professional obligations are satisfied.
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Categories : Confidentiality, Electronic Files, Computer Use, Maine, Cloud
25
Mar
2004
The Maine Bar Association issues an opinion concluding that, generally, lawyers do not need to keep paper copies of correspondence. In Maine Op. No. 183 (Jan. 28, 2004), the Maine Bar association emphasized however that lawyers must remain mindful of their obligation to “maintain the means to provide copies of those records in a format that will make them accessible to both the attorney and the client in the future.”
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Categories : Electronic Files, Maine
1
Nov
2000
The Maine Board of Bar Overseers Professional Ethics Commission ethics panel issued an opinion concerning the participation of lawyers in a Web site that allows users to locate and hire attorneys. In Maine Opinion 174 (October 10, 2000), the Board stated that Maine attorneys can participate in commercial web sites that give users access to legal services provided that the lawyers (a) evaluate the accuracy of the venture’s advertising; (b) comply with applicable requirements relating to personal approval and storage of paid advertising; (c) and do not promise the web site operators that the attorney will withdraw from representation only if the client consents. Interestingly, the Commission found that the Web sites arrangement for listing its members was the functional equivalent of a law listing or legal directory.
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Categories : Lawyer Referral Services, Websites, Advertising, Maine
8
Nov
1998
Maine ethics opinions are available online.
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Categories : Maine, Ethics Opinions
8
Nov
1998
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Categories : Maine, Rules of Conduct
8
Nov
1998
The Maine Bar Association website is available online.
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Categories : Maine, Bar Association
