AVOIDING ROUGH SEAS: AN ETHICAL ATTORNEY S GUIDE TO TECHNOLOGY
|
|
- Curtis Richardson
- 5 years ago
- Views:
Transcription
1 AVOIDING ROUGH SEAS: AN ETHICAL ATTORNEY S GUIDE TO TECHNOLOGY
2 PRESENTERS Diane M. Potts, Esq. Deputy Attorney General, Child Support Enforcement Chicago, Illinois John Cardoza, Esq. Managing Attorney Ventura County Child Support Services Nicholas J. Palos, Esq. Support Magistrate Kings County (Brooklyn, NY) Family Court
3 To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and practice, including the benefits and risks associated with relevant technology.. ABA Model Rule 1.1, Comment 8
4 Workshop Objectives This CLE workshop will Alert the participants to the ethical issues which arise as technology continues to impact the practice of law Demonstrate the intersection between substantive law and the law governing the practice of law Probably raise more issues than we answer
5 Workshop Methodology Our troupe of players will present a series of vignettes involving legal ethics issues. At the conclusion of each vignette, the players will lead a discussion of various issues raised in the performance. The various vignettes may not be IV-D specific, as Legal Ethics transcend individual practice areas
6 CAUTION: FAILURE TO ENGAGE IN THE DISCUSSION OF THE ISSUES PRESENTED MAY BRING ABOUT LAW SCHOOL FLASHBACKS.... VOLUNTEERS WILL BE CHOSEN
7 ACT I Client? Maybe... Not
8 An office, somewhere in Notta County
9 Jane Doe (234) I need assistance getting my husband to support our children. He has said he ll take our company down if I press this, but I know he can provide for these children. He has taken all of our joint accounts By clicking on send you acknowledge that no attorney-client relationship has been established. An attorney client relationship will only be established upon execution of a written retainer agreement
10 GHF: Jane: GHF: Jane: GHF: Jane: Good afternoon and welcome to Goethe Hidit & Fast. How may I help you today? Well, I think I need a lawyer to get support from my husband for my children. Okay, tell me a little about your situation. John and I have been married for nine years and we have three children. He moved out last month and is not supporting them I think he s going to file for a divorce me after her moves in with his new girlfriend. Why do you think that? He took all of our bank records with him, except for my private accounts, the ones he does not know about.
11 GHF: : Jane: GHF: Jane: GHF: Jane: GHF: So, there are assets he does not know about Of course. I ve seen this coming for months and I ve been preparing for this. I have no intention of telling him about those accounts So you want our help in making sure he does not learn about those account, correct? Among other things. I have a list of things I want to accomplish. Such as? I want control of our company. If I get that, he can have anything else. Ok. I think I have enough information. Someone from the firm will get back to you in a day or so.
12 Websites and Solicitation of Business Applicable Rules Model Rule 4.1(a) Model Rule 7.1 Model Rule 7.3(a) Model Rule 8.4(c) Bar Opinions ABA Formal Opinion AZ State Bar Opinion 02-04
13 Websites and Solicitation of Business o Use of live chat services o Model Rule 7.3(a) o A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer s doing so is the lawyer s pecuniary gain o NC Formal Opinion o Philadelphia Bar Opinion
14 Maintaining confidentiality of information o Duty of Confidentiality o Model Rule 1.6 o A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
15 Maintaining confidentiality of information o Prospective Client o Model Rule 1.18 o o o A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter may be a prospective client. Individual cannot make disclosure unilaterally Use of material learned during such discussion to the extent Model Rule 1.9 permits use of such material when obtained during representation with a former client.
16 Maintaining confidentiality of information o Warnings, Disclaimers & Cautionary Statements o Creation of Attorney-Client Relationship o NM Bar Opinion o NC Bar Opinion o NYCBA Formal Opinion o UT Bar Opinion o VT Ethics Opinion
17 Maintaining confidentiality of information o Warnings, Disclaimers & Cautionary Statements o Confidentiality of Visitor Information o California Opinion o Provision of Legal Advice o Representation of Adverse Party o A lawyer may condition conversations with a prospective client on the person s informed consent that no information disclosed during the consultation will prohibit the lawyer from representing a different client in the matter
18 Maintaining confidentiality of information o Warnings, Disclaimers & Cautionary Statements o Clarity of the Disclaimer o California Opinion o Prominence of the Disclaimer o DC Bar Opinion 302
19 Supervision of Legal Personnel Model Rule 5.1 Reasonable efforts to ensure that the office has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct Potential liability for misconduct of attorneys being supervised
20 Supervision of Non-Legal Personnel Model Rule 5.3 Reasonable efforts to regulate conduct as compatible with the Rules of Professional Conduct Ethical responsibility if non-legal personnel being supervised violate the Rules of Professional Conduct.
21 ACT II Connection Conundrums
22 At the Notta County Child Support Office, Legal Division
23 Ethical issues in the use of Ethical duties to consider Competence Model Rule 1.1 Confidentiality Model Rule 1.6(a) Respect for the Rights of Third Parties Model Rule 4.4(b)
24 Ethical issues in the use of Duty to provide competent representation A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. MRPC 1.1
25 Ethical issues in the use of Duty to maintain Confidentiality A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). MRPC 1.6(a)
26 Ethical issues in the use of Respect for the rights of third parties A lawyer who receives a document relating to the representation of the lawyer s client and knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender. MRPC 4.4
27 Ethical issues in the use of Duty to maintain Confidentiality Communication by is only as secure as the recipient permits it to be Recipient s carelessness Employer policies Disclosure of confidential information may result in a loss of the attorney client privilege
28 Ethical issues in the use of Attorney-client privilege is NOT an ethical issue. All privileges are rules of evidence Substantive law intersects ethical obligations
29 Ethical issues in the use of Duty of Competence requires the attorney to be aware of who may have access to the client s Whether an inadvertent disclosure of confidential information constitutes a waiver of attorneyclient privilege is matter of substantive law A court will determine if the privilege has been waived
30 Ethical issues in the use of Use of Employer provided computer may result in a loss of the attorney-client privilege, as well as work-product protection 322 B.R. 247 (SDNY 2005) 4 Part Test 1. Does Employer maintain a policy banning personal use of company or web access? 2. Does company monitor employee use? 3. Do third parties have a right of access to the computer or s? 4. Has company notified employee of policy?
31 ACT III A Cloudy Day in Notta Town
32 A Conference Room in the Child Support Services Offices
33 Why Cloud Computing? Software as a Service (SaaS) Accessed by web-browser Data stored on providers hardware Software continuously upgraded by provider Subscription service vs. license Accessible
34 When Considering the Cloud Consider these obligations: Competence Model Rule 1.1 Communication Model Rule 1.4 Confidentiality of client information Model Rule 1.6 Safekeeping of client property Model Rule 1.15 Supervision of non-lawyer assistants Model Rule 5.3
35 When Considering the Cloud Bar Ethics Committees have spoken: CT Informal Opinion FL Opinions 12-3 IA Ethics Opinion ME Opinion 194 MA Opinion NH Advisory Opinion /4 NYSBA Ethics Opinion 842 OR Opinion PA Formal Opinion
36 Choosing a Cloud service provider Due Diligence requirement when selecting provider At a minimum, one should investigate: Reputation of provider Law governing the terms of the service agreement Enforceable obligation to keep client information confidential Procedure to notify attorney if client information is subpoenaed Security measures to prevent unauthorized access to information Back-up and data recovery procedures Who owns the data Where is data stored Disposition of data if relationship terminates
37 ACT IV Just the (visible) facts, folks
38 In the Notta County Child Support Services offices
39
40 Metadata Data about data o Tracking changes o Comments o Data used to create data Formulae Algorithms Templates
41 Several ethics rules are implicated Competence Model Rule 1.1 Diligence Model Rule 1.3 Confidentiality Model Rule 1.6(a) Fairness to opposing party and counsel Model Rule 3.4
42 Several ethics rules are implicated Respect for rights of third persons Model Rule 4.4 Supervisory obligations Model Rule 5.1 Model Rule 5.3 Misconduct Model Rule 8.4
43 Mining for Metadata Active Search & Use Permitted ABA Formal Opinion MD Formal Ethics Opinion CO Formal Opinion 119 DC Ethics Opinion 341 VT Opinion WI Ethics Opinion EF-12-01
44 Mining for Metadata Active Search and Use Prohibited AL Ethics Opinion AZ Ethics Opinion FL Opinion 06-2 ME Opinion 196 MS Opinion 259 NH Opinion /4
45 Mining for Metadata Active Search and Use Prohibited NYCLA Opinion 738 NYS Opinion 749 NC Opinion
46 Mining for Metadata Hybrid OR Formal Opinion PA Formal Opinion WA Opinion 2216 WI Ethics Opinion EF-12-01
47 OBLIGATIONS OF SENDING ATTORNEY ( SA ) o o o Act competently to avoid revealing a client s confidential information Use reasonable care to ensure that metadata that contains confidential information is not transmitted Cannot act to limit the duty to use reasonable care to avoid disclosure of confidential information contained in metadata
48 OBLIGATION OF RECEIVING ATTORNEY ( RA ) WHEN RECEIVING CONFIDENTIAL INFORMATION Where SA notifies RA that confidential information is in the metadata, RA should not view and must follow instructions of SA If RA discovers confidential information in metadata, RA must give notice of discovery to SA Several opinions adopt the presumption that any metadata which contains confidential information was sent in error
49 Metadata within documents may constitute tangible evidence Subject to subpoena Subject to discovery demands Can bring about sanctions if scrubbing of metadata occurs in context of litigation
50 In discovery digging for digital dirt can be a goldmine when done properly. It can also be an ethical nightmare when mistakes,, even unintentional ones, are made.
51 In general, gaining access to information by trickery or deception is prohibited Ethical Principles Implicated Dishonesty in course of representation is prohibited Model Rule 8.4 Knowingly making false statements to a third party is prohibited Model Rule 4.1 Cannot have non-lawyer engage in prohibited activity Model Rule 5.3(b)(1)
52 In general, gaining access to information by trickery or deception is prohibited Bar Association Opinions ABCNY Opinion ABCNY Opinion MA Opinion NYCLA Opinion 743 NYS Opinion 843 OR Opinion Philadelphia Bar Association Opinion San Diego County Bar Association Opinion
53 New York State Bar Association is reviewing proposed Social Media Ethics Guidelines 3.A: A lawyer may view the public portion of a person s social media profile or public posts even if such person is represented by another lawyer. Be aware the network may send a message alerting the person who s profile is being viewed 3.B: A lawyer may request permission view the restricted portion of an unrepresented person s social media website or profile, Must use full name Own profile must be accurate May not create a different or false profile in order to mask identity Must provide accurate information when asked
54 New York State Bar Association is reviewing proposed Social Media Ethics Guidelines 3.C: A lawyer shall not contact a represented person to seek to review the restricted portion of the person s social media profile unless an express authorization has been furnished by such person
55 New York State Bar Association is reviewing proposed Social Media Ethics Guidelines 3.D: A lawyer shall not direct an agent to engage in specific conduct, or with knowledge of the specific conduct by such person, ratify it, where a lawyer may not engage in such conduct.
56 Questions??? Comments???
57 Questions? Need More Information? Feel free to contact us. Diane Potts, Esq. John Cardoza, Esq. Nicholas Palos, Esq.
Technology and the Threat to the Attorney- Client Privilege Suzanne Valdez
Technology and the Threat to the Attorney- Client Privilege Suzanne Valdez May 17-18, 2018 University of Kansas School of Law Technology and the Threat to the Attorney-Client Privilege Recent Developments
More informationNYCLA COMMITTEE ON PROFESSIONAL ETHICS. OPINION No Date Issued: 3/24/08. Topic
NYCLA COMMITTEE ON PROFESSIONAL ETHICS OPINION No. 738 Date Issued: 3/24/08 Topic Searching inadvertently sent metadata in opposing counsel s electronic documents. Digest A lawyer who receives from an
More informationSELECT ILLINOIS RULES OF PROFESSIONAL CONDUCT
ILLINOIS SUPREME COURT COMMISSION ON PROFESSIONALISM The Buck Stops Here: Ethics and Professionalism for In-House Counsel SELECT ILLINOIS RULES OF PROFESSIONAL CONDUCT The Rules listed below are those
More informationRULE 4.2: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 4.2: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL In representing a client,
More informationLegal Ethics of Metadata or Mining for Data About Data
Legal Ethics of Metadata or Mining for Data About Data Peter L. Ostermiller Attorney at Law 239 South Fifth Street Suite 1800 Louisville, KY 40202 peterlo@ploesq.com www.ploesq.com Overview What is Metadata?
More informationRULE 2.4: LAWYER SERVING
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 2.4: LAWYER SERVING AS THIRD-PARTY NEUTRAL (a) A lawyer serves as a third-party
More informationRULE 2.9: Ex Parte Communications
AMERICAN BAR ASSOCIATION CPR POLICY IMPLEMENTATION COMMITTEE COMPARISON OF ABA MODEL JUDICIAL CODE AND STATE VARIATIONS RULE 2.9: Ex Parte Communications (A) A judge shall not initiate, permit, or consider
More informationRULE 1.1: COMPETENCE. As of January 23, American Bar Association CPR Policy Implementation Committee
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 1.1: COMPETENCE A lawyer shall provide competent representation to a client.
More informationRULE 1.14: CLIENT WITH DIMINISHED CAPACITY
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 1.14: CLIENT WITH DIMINISHED CAPACITY (a) When a client's capacity to make adequately
More informationRULE 1.16: DECLINING OR TERMINATING REPRESENTATION
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 1.16: DECLINING OR TERMINATING REPRESENTATION (a) Except as stated in paragraph
More informationRULE 7.5: FIRM NAMES AND LETTERHEADS
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 7.5: FIRM NAMES AND LETTERHEADS (a) A lawyer shall not use a firm name, letterhead
More informationSelected Model Rules of Professional Conduct Ellen C. Yaroshefsky
Selected Model Rules of Professional Conduct Ellen C. Yaroshefsky Howard Lichtenstein Distinguished Professor of Legal Ethics and Executive Director of the Monroe H. Freedman Institute for the Study of
More informationPENNSYLVANIA BAR ASSOCIATION COMMITTEE ON LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY FORMAL OPINION
PENNSYLVANIA BAR ASSOCIATION COMMITTEE ON LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY FORMAL OPINION 2010-200 ETHICAL OBLIGATIONS ON MAINTAINING A VIRTUAL OFFICE FOR THE PRACTICE OF LAW IN PENNSYLVANIA
More informationRULE 3.8(g) AND (h):
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 3.8(g) AND (h): (g) When a prosecutor knows of new, credible and material evidence
More informationRULE 7.1: COMMUNICATIONS CONCERNING A LAWYER'S SERVICES
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 7.1: COMMUNICATIONS CONCERNING A LAWYER'S SERVICES A lawyer shall not make a
More informationRULE 3.1: MERITORIOUS CLAIMS AND CONTENTIONS
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 3.1: MERITORIOUS CLAIMS AND CONTENTIONS A lawyer shall not bring or defend a
More informationIn-House Ethics: Important Questions. Dorsey & Whitney. Dorsey & Whitney LLP. All Rights Reserved.
In-House Ethics: Important Questions Ella Solomons Deloitte Kenneth L. Jorgensen David C. Singer Dorsey & Whitney Overall Responsibility A law firm... shall make reasonable efforts to ensure that all lawyers
More informationDocument Analysis Technology Group (DATG) and Records Management Alert
February 2007 Authors: Carolyn M. Branthoover +1.412.355.5902 carolyn.branthoover@klgates.com Karen I. Marryshow +1.412.355.6379 karen.marryshow@klgates.com K&L Gates comprises approximately 1,400 lawyers
More informationProfessor Sara Anne Hook, M.L.S., M.B.A., J.D AIPLA Spring Meeting, May 14, 2011
Professor Sara Anne Hook, M.L.S., M.B.A., J.D. 2011 AIPLA Spring Meeting, May 14, 2011 The month of May in Indiana is particularly important because of the Indianapolis 500, an event that is officially
More informationRULE 1.1: COMPETENCE
RULE 1.1: COMPETENCE A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the
More informationLegal Ethics: Unauthorized Practice of Law. CONTACT US
Legal Ethics: Unauthorized Practice of Law CONTACT US info@paralegaleducationgroup.com Lecture Agenda Basic Paralegal No-No s Ethical Rules Pertaining to Non-Lawyer Assistants Defining the Practice of
More informationALASKA BAR ASSOCIATION PRO BONO COMMITTEE RESOLUTION IN SUPPORT OF RECOGNIZING A RIGHT TO COUNSEL FOR INDIGENT INDIVIDUALS IN CERTAIN CIVIL CASES
ALASKA BAR ASSOCIATION PRO BONO COMMITTEE RESOLUTION IN SUPPORT OF RECOGNIZING A RIGHT TO COUNSEL FOR INDIGENT INDIVIDUALS IN CERTAIN CIVIL CASES WHEREAS, the Alaska Bar Association (AkBA) has made the
More informationMandated Use of Prescription Drug Monitoring Programs (PMPs) Map
Mandated Use of Prescription Drug Monitoring Programs (PMPs) Map Research Current as of January 2, 2018. This project was supported by Grant No. G1799ONDCP03A, awarded by the Office of National Drug Control
More informationAMERICAN BAR ASSOCIATION
AMERICAN BAR ASSOCIATION COMMISSION ON ETHICS 20/20 STANDING COMMITTEE ON CLIENT PROTECTION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE STANDING
More informationEthics for the Criminal Defense Lawyer
Ethics for the Criminal Defense Lawyer By: Heather Barbieri 1400 Gables Court Plano, TX 75075 972.424.1902 phone 972.208.2100 fax hbarbieri@barbierilawfirm.com www.barbierilawfirm.com TABLE OF CONTENTS
More informationETHICS IN DEPENDENCY PRACTICE FOR GUARDIAN AD LITEM ATTORNEYS AND ATTORNEYS AD LITEM. Striving for Excellence
1 ETHICS IN DEPENDENCY PRACTICE FOR GUARDIAN AD LITEM ATTORNEYS AND ATTORNEYS AD LITEM Striving for Excellence Objectives 2 Identify ethical issues in dependency practice for GAL attorneys and Attorneys
More informationEthical Implications in a Big Data Environment. September 29, :00 2:00 PM
Ethical Implications in a Big Data Environment September 29, 2014 12:00 2:00 PM William Wallace Belt, Jr. Speaker Deloitte Transactions & Business Analytics LLP William Belt is a Director in the Discovery
More informationEthical Issues Facing Corporate Counsel
December 8, 2016 Ethical Issues Facing Corporate Counsel Best Practices Solutions Michael P. McCloskey, Partner James R. Edwards, SVP, GC, & David J. Aveni, Senior Counsel Corporate Secretary Wilson Elser
More informationETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN
ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN for the Marquette Volunteer Legal Clinic Lawyer and Student Volunteers December 11, 2008
More informationPENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE RESOLUTION
PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE RESOLUTION WHEREAS, it is the charge of the PBA Legal Ethics and Professional Responsibility Committee to review and
More informationIMPACT OF THE NEW OHIO RULES OF PROFESSIONAL CONDUCT ON SOLO/SMALL FIRMS
IMPACT OF THE NEW OHIO RULES OF PROFESSIONAL CONDUCT ON SOLO/SMALL FIRMS Panel Discussion by Charles J. Kettlewell, J.D. Christensen, Christensen, Donchatz, Kettlewell & Owens, LLP Alvin E. Mathews. J.D.
More informationPROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT
PROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT LINDA ACEVEDO, Austin State Bar of Texas State Bar of Texas 36 TH ANNUAL ADVANCED FAMILY LAW COURSE August 9-12, 2010 San Antonio
More informationAMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY
AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY Formal Opinion 92-369 December 7, 1992 Disposition of Deceased Sole Practitioners Client Files and Property To fulfill
More informationNYCLA COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION. No.: 743. Date Issued: May 18, 2011
NYCLA COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION No.: 743 Date Issued: May 18, 2011 TOPIC: Lawyer investigation of juror internet and social networking postings during conduct of trial. DIGEST: It
More informationEffective Dispute Resolution Systems and the Vital Role of Stakeholders
Effective Dispute Resolution Systems and the Vital Role of Stakeholders Region 4 PTAC Summer Working Meeting June 24-25, 2015 Traverse City, Michigan Philip Moses Associate Director The human brain is
More informationEthics and Social Media
Ethics and Social Media (2 hours) Suzanne Valdez May 19-20, 2016 University of Kansas School of Law Advances in Technology and Potential Ethical Pitfalls University of Kansas Recent Developments CLE May
More informationABA Commission on Ethics 20/20 Revised Proposal - Outsourcing September 19, Resolution
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ABA Commission on Ethics 20/20 Revised Proposal - Outsourcing The views expressed
More informationEthical Issues for In House Counsel
Ethical Issues for In House Counsel Introduction to Internal Investigations and the Ethics Considerations Involved Nancy DePodesta, Esquire Michelle N. Lipkowitz, Esquire Introduction: What Prompts an
More informationUniform Wage Garnishment Act
Uniform Wage Garnishment Act Agenda What is it? Why do we need it? Major provisions Enactment 1 Who is the ULC? National Conference of Commissioners for Uniform State Laws Uniform Interstate Family Support
More information2017 All-Ohio Legal Forum. Succession Planning: What You Need to Know to Appoint a Successor Attorney for Your Practice
2017 All-Ohio Legal Forum Succession Planning: What You Need to Know to Appoint a Successor Attorney for Your Practice 1.0 Professional Conduct Hour August 23 August 25, 2017 Cleveland Speaker Biographies
More informationResolution. Client-Lawyer Relationship Rule 1.1 Competence
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ABA COMMISSON ON ETHICS 20/20: REVISED DRAFT RESOLUTION FOR COMMENT--OUTSOURCING
More informationAttorney Conduct, Ethics, and Professionalism
Attorney Conduct, Ethics, and Professionalism Faculty: Kyle Robinson, Esq. Introduction History 1983 ABA Model Code of Ethics Model Rules of Professional Conduct ABA RULES OF PROFESSIONAL CONDUCT http://www.americanbar.org/groups/professional_responsibility/pu
More informationNational Hellenic Student Association (NHSA) of North America, Inc. CONSTITUTION Table of Contents
National Hellenic Student Association (NHSA) of North America, Inc. CONSTITUTION Table of Contents Article I Name, Purpose, and Policies of the Association... 3 Section 1 (Name)... 3 Section 2 (Purpose)...
More informationAdmitting Foreign Trained Lawyers. National Conference of Bar Examiners Washington, D.C., April 15, 2016
Admitting Foreign Trained Lawyers National Conference of Bar Examiners Washington, D.C., April 15, 2016 Professor Laurel S. Terry Carlisle, Pennsylvania LTerry@psu.edu Overview of Remarks Why this issue
More informationBackground Checks and Ban the Box Legislation. November 8, 2017
Background Checks and Ban the Box Legislation November 8, 2017 Presented By Uzo Nwonwu Littler, Kansas City UNwonwu@littler.com, 816.627.4446 Jason Plowman Littler, Kansas City JPlowman@littler.com, 816.627.4435
More informationAMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS
AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS Definitions Adopted by the Michigan Supreme Court in Grievance Administrator v Lopatin, 462 Mich 235, 238 n 1 (2000) Injury is harm to a
More informationDavid J. Bright MAINTAINING THE ATTORNEY-CLIENT PRIVILEGE DURING COMMUNICATIONS BETWEEN IN-HOUSE COUNSEL AND CORPORATE EMPLOYEES
MAINTAINING THE ATTORNEY-CLIENT PRIVILEGE DURING COMMUNICATIONS BETWEEN IN-HOUSE COUNSEL AND CORPORATE EMPLOYEES David J. Bright Direct Number: (515) 286-7015 Facsimile: (515) 286-7050 E-Mail: djbright@nyemaster.com
More information(1) the representation of one client will be directly adverse to another client; or
ABA Model Rule 1.7 Conflict of Interest: Current Clients (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.
More informationBylaws of the Prescription Monitoring Information exchange Working Group
Bylaws of the Prescription Monitoring Information exchange Working Group ` Table of Contents Table of Contents... 2 Article I. Introduction... 6 Article II. Purpose... 6 Article III. Membership... 6 Article
More informationTHE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS Opinion No April 2013
THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS Opinion No. 627 April 2013 QUESTION PRESENTED Under the Texas Disciplinary Rules of Professional Conduct, what are the responsibilities of a
More informationFormal Opinion : JURY RESEARCH AND SOCIAL MEDIA
Formal Opinion 2012-2: JURY RESEARCH AND SOCIAL MEDIA TOPIC: Jury Research and Social Media DIGEST: Attorneys may use social media websites for juror research as long as no communication occurs between
More informationTHE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION
THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION 2017-4: Ethical Considerations for Legal Services Lawyers Working with Outside Non-Lawyer Professionals
More informationFSC-BENEFITED EXPORTS AND JOBS IN 1999: Estimates for Every Congressional District
FSC-BENEFITED EXPORTS AND JOBS IN 1999: Estimates for Every Congressional District Prepared for National Foreign Trade Council July 2, 2002 National Economic Consulting FSC-BENEFITED EXPORTS AND JOBS IN
More informationGoverning Board Roster
AASA Governance AASA is the national association most directly concerned with public education leadership. Its practicing superintendents and other school system leaders establish and oversee AASA's goals.
More informationThe New Pennsylvania Rules of Professional Conduct
Pennsylvania s Rules of Professional Conduct, 2005 Thursday, December 9, 2004 Course Planners - Kevin M. French, John E. Iole Faculty Lawrence J. Fox, Michael L. Temin, Laurel S. Terry, Thomas G. Wilkinson
More informationRULE 2.10: Judicial Statements on Pending and Impending Cases
AMERICAN BAR ASSOCIATION CPR POLICY IMPLEMENTATION COMMITTEE COMPARISON OF ABA MODEL CODE OF JUDICIAL CONDUCT AND STATE VARIATIONS RULE 2.10: Judicial Statements on Pending and Impending Cases (A) A judge
More informationCumulative Identity Theft Statutes Updated as of July 26, 2011
State Bill Number Summary Adopted AL SB 68 Classifies all instances of identity theft as Class C felonies and extends the statute of limitations to seven years. AZ SB 1045 Adds to the list of offenses
More informationlegal ethics opinions
LEGAL ETHICS OPINION 1783 IN CONTEXT OF (A) FORECLOSURE SALE OR (B) A COMMERCIAL CLOSING, MAY ATTORNEY DISBURSE TO LENDER COLLECTED ATTORNEYS FEES IN EXCESS OF THOSE NECESSARY TO REIMBURSE LENDER FOR PAYMENT
More informationAN ANALYSIS OF RULES THAT ENABLE LAWYERS TO SERVE SELF-REPRESENTED LITIGANTS
AN ANALYSIS OF RULES THAT ENABLE LAWYERS TO SERVE SELF-REPRESENTED LITIGANTS A White Paper by the ABA Standing Committee on the Delivery of Legal Services ABA Standing Committee on the Delivery of Legal
More informationMSBA Rules of Professional Conduct Committee May 19, 2014
No report, recommendation, or other action of any section or committee shall be considered as the policy of the MSBA unless and until it has been approved by the Assembly. Reports, comments, and supporting
More informationETHICS TOOLKIT FOR IN-HOUSE COUNSEL MANAGING LITIGATION APRIL 3, 2014
ETHICS TOOLKIT FOR IN-HOUSE COUNSEL MANAGING LITIGATION APRIL 3, 2014 Kenneth L. Racowski Chair, Philadelphia Commercial Litigation Wilson Elser LLP Daniel E. McGuire Commercial & Employment Litigation
More informationProper Business Practices and Ethics Policy
Proper Business Practices and Ethics Policy Synopsis 1. Crown Castle International Corp. ( Crown Castle ) and its affiliates 1 strive to conduct their business with honesty and integrity and in accordance
More informationCode of Professional Responsibility for Interpreters
Code of Professional Responsibility for Interpreters Preamble The Georgia Supreme Court adopted the Rule on the Use of Interpreters for Non-English Speaking Persons and created the Georgia Supreme Court
More informationediscovery Demystified
ediscovery Demystified Presented by: Robin E. Stewart Of Counsel Kansas City Robin.Stewart@KutakRock.com (816) 960-0090 Why Kutak Rock s ediscovery Practice Exists Every case, regardless of size, has an
More informationBy 1970 immigrants from the Americas, Africa, and Asia far outnumbered those from Europe. CANADIAN UNITED STATES CUBAN MEXICAN
In Search of the American Dream After World War II, millions of immigrants and citizens sought better lives in the United States. More and more immigrants came from Latin America and Asia. Between 940
More informationETHICAL ISSUES IN A TRUSTS & ESTATES PRACTICE
ETHICAL ISSUES IN A TRUSTS & ESTATES PRACTICE Deborah S. Kearns, Esq. Chief Clerk, Albany County Surrogate s Court Albany County Courthouse, Room 123 Albany NY 12207 518-285-8585 Adopted December 16, 2008
More informationEthics for Municipal Attorneys
LEAGUE OF WISCONSIN MUNICIPALITIES 2018 MUNICIPAL ATTORNEYS INSTITUTE June 20, 2018 Ethics for Municipal Attorneys Presented by: Dean R. Dietrich, Esq. Ruder Ware L.L.S.C. P.O. Box 8050 Wausau, WI 54402-8050
More informationPrison Price Tag The High Cost of Wisconsin s Corrections Policies
Prison Price Tag The High Cost of Wisconsin s Corrections Policies November 19, 2015 Wisconsin s overuse of jails and prisons has resulted in outsized costs for state residents. By emphasizing high-cost
More informationConstitution in a Nutshell NAME. Per
Constitution in a Nutshell NAME Per Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote
More informationIf you have questions, please or call
SCCE's 17th Annual Compliance & Ethics Institute: CLE Approvals By State The SCCE submitted sessions deemed eligible for general CLE credits and legal ethics CLE credits to most states with CLE requirements
More informationE-Discovery. Help or Hindrance? NEW FEDERAL RULES ON
BY DAWN M. BERGIN NEW FEDERAL RULES ON E-Discovery Help or Hindrance? E lectronic information is changing the litigation landscape. It is increasing the cost of litigation, consuming increasing amounts
More informationDistrict of Columbia Court of Appeals Board on Professional Responsibility. Board Rules
District of Columbia Court of Appeals Board on Professional Responsibility Board Rules Adopted June 23, 1983 Effective July 1, 1983 This edition represents a complete revision of the Board Rules. All previous
More informationRegional CLE Program:
Regional CLE Program: Real Estate Litigation From Soup to Nuts Ethics, Emerging Technologies, and a Perspective from the Bench December 6, 2018 Balch & Bingham LLP 1901 6th Avenue North, Suite 1500 Birmingham,
More informationJUDICIARY OF GUAM ELECTRONIC FILING RULES 1
1 1 Adopted by the Supreme Court of Guam pursuant to Promulgation Order No. 15-001-01 (Oct. 2, 2015). TABLE OF CONTENTS DIVISION I - AUTHORITY AND SCOPE Page EFR 1.1. Electronic Document Management System.
More informationELECTRONIC DISCOVERY BASICS. John K. Rubiner and Bonita D. Moore 1. I. Electronically Stored Information (ESI) Is Virtually Everything
ELECTRONIC DISCOVERY BASICS John K. Rubiner and Bonita D. Moore 1 I. Electronically Stored Information (ESI) Is Virtually Everything A. Emails B. Text messages and instant messenger conversations C. Computer
More informationReporting and Criminal Records
A project funded by U.S. Department of Labor and U.S. Department of Justice Reporting and Criminal Records Considerations for Writing about People Who Have Criminal Histories June 13, 2018 Presenters Corinne
More information1 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO. 2 Opinion Number: 3 Filing Date: February 6, NO. S-1-SC-35469
1 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 2 Opinion Number: 3 Filing Date: February 6, 2017 4 NO. S-1-SC-35469 5 IN THE MATTER OF EMILIO JACOB CHAVEZ, ESQUIRE 6 An Attorney Licensed to Practice
More informationA Message to Legal Personnel
A Message to Legal Personnel Pursuant to the Sarbanes-Oxley Act of 2002, the SEC adopted Part 205, an extensive set of rules that impose new obligations on attorneys (both in-house attorneys and outside
More informationCRAIN S CLEVELAND BUSINESS
PAID CIRCULATION CRAIN S CLEVELAND BUSINESS Cleveland, Ohio 44113 FIELD SERVED: CRAIN S CLEVELAND BUSINESS serves the general business information needs of executives, managers and professionals in the
More informationLegal Ethics and Social Media. Do you Tweet?
Legal Ethics and Social Media Chris McLaughlin Associate Professor, UNC SOG mclaughlin@sog.unc.edu 919.843.9167 October 2016 Do you Tweet? 2 1 Do you Tweet? A. Yes, I have a Twitter account and use it
More informationKENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-430 Issued: January 16, 2010
KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-430 Issued: January 16, 2010 The Rules of Professional Conduct are amended periodically. Lawyers should consult the current version of the rules and comments,
More informationTOP TEN ETHICAL ISSUES THAT IMPACT FAMILY LAW LAWYERS. Safekeeping Property 5/21/2014. To Do or Not to Do
TOP TEN ETHICAL ISSUES THAT IMPACT FAMILY LAW LAWYERS To Do or Not to Do Rule 1.15 of the Minnesota Rules of Professional Conduct requires a lawyer represent a party to sake keep their property. The lawyer
More informationThe Cybersleuth s Guide to Fast, Free, and Effective Investigative Internet Research
The Cybersleuth s Guide to Fast, Free, and Effective Investigative Internet Research October 22, 2018 Attend the Live Program or Via Webcast King County Bar Association, 1200 Fifth Avenue, Suite 700, Seattle
More informationAMERICAN BAR ASSOCIATION
Copyright 2000 the American Bar Association. Reprinted with permission. All rights reserved. AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY Formal Opinion 00-417
More informationPrivileges and In-House Counsel: A User s Guide
Privileges and In-House Counsel: A User s Guide William M. Bosch, Arnold & Porter Kaye Scholer Thomas C. Indelicarto, VeriSign Inc. Robert N. Weiner, Arnold & Porter Kaye Scholer January 11, 2017 apks.com
More informationSTATE OF WISCONSIN : CIRCUIT COURT : COUNTY FAMILY COURT BRANCH STIPULATION AND ORDER FOR COLLABORATIVE LAW
STATE OF WISCONSIN : CIRCUIT COURT : COUNTY FAMILY COURT BRANCH In re the marriage of: Joint Petitioner-Wife Case Code: 40101 (Divorce) and Case No. Joint Petitioner-Husband STIPULATION AND ORDER FOR COLLABORATIVE
More information2017A Financial Summary. $360MM Adjusted EBITDA $1BN Market Capitalization PREMIUM LOCAL NEWS BRANDS NATIONAL PRESENCE
December 2018 Disclaimers This presentation may include certain forward-looking statements regarding business strategies, market potential, future financial performance and other matters. Forward-looking
More informationLaw Firm Cyber Protection and the Ethics of Protecting Your Digital Assets: Everything You Need and Want to Know
Law Firm Cyber Protection and the Ethics of Protecting Your Digital Assets: Everything You Need and Want to Know Michael S. Ross, Esq., Panel Chair Panelists: Greg Cooke James S. Gkonos, Esq. Michael Kraft,
More informationComments on the Council's Proposed Adaptation offre 502
REPORT OF THE COMMERCIAL AND FEDERAL LITIGATION SECTION REGARDING THE NEW YORK STATE-FEDERAL JUDICIAL COUNCIL'S "REPORT ON THE DISCREPANCIES BETWEEN FEDERAL AND NEW YORK STATE WAIVER OF ATTORNEY-CLIENT
More informationManaging a Corporate Crisis:
Managing a Corporate Crisis: Strategies for Containing a Crisis and Controlling the Public Narrative While Meeting Ethical Obligations and Maintaining Privilege June 15, 2017 Vincent Cohen Hector Gonzalez
More informationUNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933
Item 1. Issuer s Identity UNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933 Name of Issuer Previous Name(s) None Entity Type
More information2017A Financial Summary. $360MM Adjusted EBITDA $1BN Market Capitalization PREMIUM LOCAL NEWS BRANDS NATIONAL PRESENCE
September 2018 Disclaimers This presentation may include certain forward-looking statements regarding business strategies, market potential, future financial performance and other matters. Forward-looking
More informationUnderstanding Facebook, Twitter, LinkedIn and Google+
Attorney s Guide to Social Media: Understanding Facebook, Twitter, LinkedIn and Google+ June 30, 2012 1:00 pm - 2:30 pm EST Faculty Gregg R. Zegarelli Technology & Entrepreneurial Ventures Law Group, P.C.
More informationComponents of an Effective Ethical Screen
Components of an Effective Ethical Screen By Anthony Davis and Michael Downey 1 The lawyer ethics rules in the various states generally specify at least some circumstances when a law firm may erect an
More informationa rising tide? The changing demographics on our ballots
a rising tide? The changing demographics on our ballots OCTOBER 2018 Against the backdrop of unprecedented political turmoil, we calculated the real state of the union. For more than half a decade, we
More informationEF&R BOARD OF DIRECTORS ADMINISTRATIVE POLICY
EF&R BOARD OF DIRECTORS ADMINISTRATIVE POLICY SUBJECT: Directors Roles and Responsibilities Policies Policy Number: 0003 Approved By: EF&R Board Effective Date: August 4, 2016 Agenda Bill: 2016-20, 2018-11
More informationReview and Use of Evidence from Social Media
Review and Use of Evidence from Social Media NYSBA Bridging the Gap Mark A. Berman Ignatius A. Grande March 19, 2015 What is Social Media? Interactive Internet-based tools that enhance the sharing of information
More informationNow is the time to pay attention
Census & Redistricting : Now is the time to pay attention By Kimball Brace, President Election Data Services, Inc. Definitions Reapportionment Allocation of districts to an area Example: Congressional
More informationAMERICAN BAR ASSOCIATION MODEL RULES OF PROFESSIONAL CONDUCT
AMERICAN BAR ASSOCIATION MODEL RULES OF PROFESSIONAL CONDUCT Rule 1.1: Competence Client-Lawyer Relationship Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation
More informationJOINT RULES of the Florida Legislature
JOINT RULES of the Florida Legislature Pursuant to SCR 2-Org., Adopted November 2012 JOINT RULE ONE LOBBYIST REGISTRATION AND COMPENSATION REPORTING 1.1 Those Required to Register; Exemptions; Committee
More information