Legalethics.com

Lawyers who produce electronic documents have professional duty to avoid disclosure of confidential information

Peterk — Tue, 23 Jan 2007 04:04:02 +0000

Maryland lawyers who produce electronic materials in discovery have the processional duty to take reasonable measures to avoid the disclosure of confidential information embedded in meta-data within the document. See Maryland State Bar Ass’n. Comm. on Ethics Op. 2007-09 (Oct 16, 2006). The Maryland committee also took the position that lawyers who receive electronic discovery materials have no ethical duty to refrain from viewing or using metadata. The opinion noted the impact of recent amendments to the Federal Rules of Civil Procedure regarding electronic discovery will impact the obligations of lawyers. The opinion also contrasts with Florida Bar Opinion 06-02, ABA Standing Comm. on Eth. & Prof’l Resp., Formal Op. No. 06-422 (2006), and, most noteably, with NYSB Opinion 749 (a lawyer has both a duty to refrain from reviewing or using metadata and a duty to notify an adversary of inadvertent production).

Proposed Maryland rules changes

Peterk — Thu, 15 Sep 2005 03:07:18 +0000

The Standing Committee on Rules of Practice and Procedure offers a list of all recent proposed rules changes.

Lawyers leaving a law firm must not surreptitiously take client files from the firm or delete client records from its computer system

Peterk — Thu, 15 Apr 2004 01:51:05 +0000

Maryland lawyers may not surreptitiously take client files or delete client records from a law firm comptuer system, even if the lawyer fears that the firm wil interfere with the clients’ representation. See Maryland Attorney Grievance Comm’n v. Potter, Md., Misc. Docket AG No. 92 (Mar. 9, 2004).

Lawyer may ethically make payments to an Internet services directory for advertising the lawyer’s services

Peterk — Sun, 17 Jun 2001 04:00:00 +0000

In Md. State Bar Assn. Committee on Ethics Opinion 01-03 (May 16, 2001), the committee opined that a proposed Internet business that would bring lawyers together with potential clients and which would share in the resulting fees, was not ethically permissible on the grounds that it would (a) involve prohibited fee sharing with nonlawyers, (b) pose risk of conflicts, and (c) potentially endanger prospective clients; attorney-client privilege. Maryland ethics opinions are not available online without an account.

Maryland Ethics Opinions

Peterk — Mon, 09 Nov 1998 03:11:01 +0000

Maryland ethics opinions area vailable online only to Maryland Bar members.

Maryland Rules of Professional Conduct

Peterk — Mon, 09 Nov 1998 03:09:48 +0000

The Maryland Rules of Professional Conduct and narrative are offered by the Legal Information Institute.

Maryland Bar Association

Peterk — Mon, 09 Nov 1998 03:04:53 +0000

The Maryland Bar Association is available online.