Legalethics.com

Massachusetts Lawyers May Use Cloud/SaaS Services

Peterk — Wed, 25 Jul 2012 03:16:29 +0000

A lawyer generally may store and synchronize electronic work files containing confidential client information across different platforms and devices using an Internet based storage solution, such as “Google docs,” so long as the lawyer undertakes reasonable efforts to ensure that the provider’s terms of use and data privacy policies, practices and procedures are compatible with the lawyer’s professional obligations, including the obligation to protect confidential client information reflected in Rule 1.6(a). A lawyer remains bound, however, to follow an express instruction from his or her client that the client’s confidential information not be stored or transmitted by means of the Internet, and all lawyers should refrain from storing or transmitting particularly sensitive client information by means of the Internet without first obtaining the client’s express consent to do so. Massachusetts Ethics Opinion 12-03. (May 17, 2012)

Screenshots Created by Yahoo Mail and Left on Hard Drive?

David Hricik — Fri, 12 Sep 2008 10:13:09 +0000

Nat’l Economic Research Assocs., Inc. v. Evans, LECG Corp., 21 Mass. L. Rptr. 337 (Mass. Super. Ct. Aug. 3, 2006) is a fascinating case in various ways, and just came to my attention. Apparently, when a user views mail on yahoo, it takes a screenshot of the mail which is stored on the hard drive. While it’s not as easy to later access as a temp file, apparently they reside on the hard drive. I couldn’t find the opinion on line, but it was on westlaw.

Anyone who uses public computers or employer-owned laptops to communicate “in confidence” should examine this issue. I’m not sure it’s accurate, but the court clearly stated that Yahoo, alone, left these ghost emails!

Lawyers receiving unsolicited e-mails from prospective clients via website must hold information received in confidence

Peterk — Fri, 08 Jun 2007 01:37:35 +0000

In the absence of an effective disclaimer, a lawyer who receives unsolicited information from a prospective client through an e-mail link on a law firm website must hold the information in confidence, even if the lawyer declines the representation. Massachusetts Bar Opinion 2007-01.The opinion also addresses whether the lawyer’s firm can represent a party adverse to that prospective client.

Law firms may provide third party vendors with access to confidential client information

Peterk — Fri, 26 Mar 2004 04:06:52 +0000

A law firm may provide a third-party software vendor with access to confidential client information stored on the firm’s computer system for the purpose of allowing the vendor to support and maintain a computer software application utilized by the law firm. Opinion 05-04 (March 3, 2005). The law firm’s clients are deemed to have “impliedly authorized” the firm to make their confidential information accessible to the vendor pursuant to Rule 1.6(a) in order to permit the firm to provide representation to its clients. However, the law firm must “make reasonable efforts to ensure” that the conduct of the software vendor (or any other independent service provider that the firm utilizes) “is compatible with the professional obligations of the lawyer[s],” including the obligation to protect confidential client information reflected in Rule 1.6(a). The fact that the vendor will provide technical support and updates for its product remotely via the Internet does not alter the Committee’s opinion.

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Massachusetts lawyers may use unencrypted e-mail with a client

Peterk — Tue, 22 Feb 2000 05:00:00 +0000

The Committee on Professional Ethics of the Massachusetts Bar issued an opinion (#00-01) in January 2000 on the use of unencrypted Internet e-mail. Like the ABA and other opinions on the issue, the opinion states that it is not an ethical violation to exchange unencrypted e-mail with a client.

Lawyers should not discuss confidential information on a cellular telephone

Peterk — Wed, 17 Mar 1999 04:10:11 +0000

Lawyers should not discuss confidential information on a cellular telephone if there is any nontrivial risk that such information may be overheard by a third party, whether that third party is involved in the particular matter or not, unless the client, after full disclosure of the dangers to confidentiality, consents to such communication. Opinion 94-5 (March 22, 1994).

Massachusetts Ethics Opinions

Peterk — Mon, 09 Nov 1998 03:28:24 +0000

Opinions of the MBA Committee on Professional Ethics published since 1973 are available online. You may browse opinions by year using the left navigation, or use a keyword search.

Massachusetts Rules of Conduct

Peterk — Mon, 09 Nov 1998 03:24:37 +0000

Massachusetts Rules of Professional Conduct are available online. The Legal Information Institute offers a separate copy.

Massachusetts Bar Association

Peterk — Mon, 09 Nov 1998 03:18:43 +0000

The Massachusetts Bar Association webiste is available online.

Bar association web site membership directory is not a lawyer directory

Peterk — Sat, 06 Jun 1998 03:30:36 +0000

Massachusetts Opinion 98-02 discusses the applicability of advertising and lawyer referral rules where bar association intends to establish an Internet site that contain membership directory and links to member home pages. Web sites that permit concurrent or “real time” interaction between prospective clients and lawyers or law firm representatives are subject to the solicitation regulations of Rule 7.3. (May 29, 1998)