c496 Legalethics.com

Pennsylvania Lawyers Should Consult With Client Regarding Receipt of Errant E-mail

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)



Debt Collection Agency Can’t Use Facebook to Contact Debtor, Florida Court Rules

11 Mar 2011

The story about what it portrays as a growing use of social media by debt collectors is here.



Google Docs: Unethical?

7 Mar 2011

When you use Google Docs, you give Google the following license to “Content” which is, basically, everything you put up:

11. Content license from you

11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

11.2 You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

11.3 You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Google to take these actions.

11.4 You confirm and warrant to Google that you have all the rights, power and authority necessary to grant the above license.

Query whether this is ethical for lawyers to use?



Unauthorized Activation of Auto-Forwarding is “Interception” Under Wire-Tap Act

16 Feb 2011

The Seventh Circuit in U.S. v. Szymuszkiewicz affirmed conviction of an IRS agent who had put a rule in his boss’s Outlook that forwarded a copy to him of every e-mail to her.



Autocomplete Causes Misdirection: Court Disqualifies Recipients

3 Jan 2011

The story with a link to the court’s order disqualifying the lawyers who read the misdirected e-mail is here.



California Issues Ethics Opinion on Confidentiality and the Use of E-mail and Technology To Transmit Client Information

26 Dec 2010

California Formal Opinion 2010-179 outlines the lawyer’s duties when transmitting or storing confidential client information when the underlying technology may be susceptible to unauthorized access by third parties. An attorney’s duties of confidentiality and competence require the attorney to take appropriate steps to ensure that his or her use of technology in conjunction with a client’s representation does not subject confidential client information to an undue risk of unauthorized disclosure. Because of the evolving nature of technology and differences in security features that are available, the attorney must ensure the steps are sufficient for each form of technology being used and must continue to monitor the efficacy of such steps.



Lawyers: How to Use Twitter for Your Practice

18 Dec 2010

Interesting piece here.



Article Surveys Use of Evidence from Social Networking Sites in Personal Injury Cases

17 Dec 2010

The article is here.



Proposed Texas Rule of Civil Procedure: The Internet is Off Limits, Too, Jurors!

16 Dec 2010

An article and link to the proposed amendment to emphasize that communication about a case is off limits whether on the Internet or not is here. Trial lawyers should consider asking for an instruction like this no matter where the venue.



Alabama Issues Ethics Opinion About Cloud Storage

15 Dec 2010

Alabama lawyers can store client files in the cloud provided that they stay current with appropriate security and take reasonable steps to ensure that the provider protects the data. See Alabama State Bar Disciplinary Commn., Op. 2010-02. The opinion provides some details discussion of records retention requirements.



New York State Bar Issues Ethics Opinion on Cloud Storage

15 Dec 2010

A lawyer may use online cloud providers to store and back up client files provided that the lawyer takes reasonable care to ensure that confidentiality will be maintained in a manner consistent with the lawyer’s obligations under Rule 1.6.  Additionally, the lawyer should stay abreast of technological advances to ensure that storage remains sufficient to protect the client’s data and should monitor the laws of privilege to ensure that the online storage will not cause loss or waive privilege. See N.Y.S.B.A. Eth. Op. 842 (Sept. 10, 2010).



Kentucky Proposes Fee, Regulation of Social Networking Posts

1 Dec 2010

The article with links to the proposal are here. To avoid getting any Kentucky readers in trouble, please don’t blog about this! :-)



Wi fi risks: Add-on to Firefox purportedly allows hijacking of social networking user accounts when on unsecured wi fi

30 Nov 2010

The article with several links is here.



ABA Commission on Ethics 20/20 is seeking comments

28 Nov 2010

The ABA Commission on Ethics 20/20 issued two papers: “Client Confidentiality and Lawyers’ Use of Technology”, and “Lawyers’ Use of Internet Based Client Development Tools”. Please e-mail your responses by December 15, 2010, to Senior Research Paralegal Natalia Vera at veran@staff.abanet.org of may be posted to the Commission’s website.



Interesting Article by Stephen Kramarsky on the Extent Common Law Torts Guard Access to Online Content

24 Nov 2010

The article is here. Query: suppose you are using informal discovery means to access this information. It is discoverable (see below); you can’t use deception to access it (see below); but perhaps even “innocently” accessing it might create some tort law issues? Stay tuned…






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