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Digital Issues for Individuals Working at Home (Digital Planning Podcast)
At the risk of stating the obvious, we are still in the early days of what we believe to be an “AI Revolution” in the way that goods and services, including legal services, are and will be provided. That means that we do not,...more
We’ve previously written on the need for law firms to scrutinize the data security protections in place at all third-party vendors who have access to client confidential information. Clearly, that’s still good advice....more
The American Bar Association recently issued a Formal Ethics Opinion addressing the ethics of attorney office sharing arrangements. In Formal Opinion 507, issued on July 12, 2023, the ABA Standard Committee on Ethics and...more
Generative AI tools such as OpenAI’s ChatGPT and Google’s Bard have dominated headlines for months as people consider the possibilities and pitfalls of their uses in a variety of fields, from writing poetry to generating...more
Traduction en cours. Can the buyer in a M&A transaction who takes possession of the seller’s or target company’s privileged communications on closing use those communications in a post-closing dispute against the seller?...more
A recent decision from the Massachusetts Supreme Judicial Court (SJC) addresses the circumstances under which an attorney may be subject to discipline for disclosing confidential client information. In the Matter of Michael...more
Welcome to the Thanksgiving edition of the Lawyers' Lawyer Newsletter. In this edition, we consider an attorney's ethical obligations when facing a subpoena—whether issued by the court or an individual attorney—seeking...more
Attorney-client privilege. Most people have heard of it, and most have a general idea it means. But what, exactly, is attorney-client privilege? What's its purpose? What does it cover? When does it begin and end? Can...more
At first glance, TikTok might not have obvious utility to the working professional. After all, its pandemic-era popularity seems to be the product of Zoom-schooled and homebound Gen Zers who flocked to the app as a new...more
On February 11, 2021, the California Lawyers Association Ethics Committee (the Committee) issued Formal Opinion 2021-1, which identified the "Elements of Effective Ethical Screens" that comply with the California Rules of...more
The American Bar Association recently issued a formal opinion providing attorneys with helpful guidance regarding whether, and how, to respond to online criticism: Formal Ethics Opinion 496, Responding to Online Criticism...more
Lawyers, ask yourselves: Can I ethically connect my work laptop computer to an unsecured public Wi-Fi network? What data security measures are in place at the technology vendors that store and process my clients’...more
Law firms are prime targets for hackers. Why? Because their computer networks contain highly concentrated, high-value information about many parties that is often not well-protected. One often-overlooked vulnerability is the...more
COVID-19, an enduring public health challenge that stretches across the world, raises interesting legal ethics issues for lawyers. Ethical considerations while practicing law during the COVID-19 epidemic have been written...more
New York attorneys could soon have to complete cybersecurity training courses to satisfy their continuing legal education (“CLE”) requirement. The House of Delegates of the New York State Bar Association (“NYSBA”) has...more
Confidentiality – Electronically Stored Information – Unauthorized Access - The State Bar of California's Standing Committee on Professional Responsibility and Conduct Formal Opinion Interim 16-0002 - Risk Management...more
With offices shuttered and stay-home orders still in place across much of the country due to the COVID-19 pandemic, the task of providing legal services means working from home for nearly everyone, including attorneys and...more
The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin...more
Confidentiality is fundamental to the client-lawyer relationship. Are you talking to your lawyer within earshot of a family member or a third person? Are you talking to your lawyer within earshot of a listening device?...more
The attorney-client privilege is intended to protect communications between an attorney and his/her client. The Supreme Court stated that the privilege exits to “encourage full and frank communication between attorneys and...more
Lawyers rely on referrals from existing and former clients to obtain new business and, of course, always run the risk that a client who had a bad experience will comment negatively on the experience to that person’s immediate...more
City of San Diego v. The Superior Court of San Diego County, D073961 (Cal. Ct. App. 4th Dist. Modified Jan. 7, 2019) - Brief Summary - During an internal affairs investigation concerning the leak of a confidential...more
California overhauled its Rules of Professional Conduct effective November 1, 2018. This post highlights some impactful revisions for commercial litigators. However, all California lawyers should familiarize themselves with...more
Confidential information that you give to your attorney is still protected in Pennsylvania. The duty to keep your information confidential is known as the attorney-client privilege. The duty is called a “privilege” because it...more
Employers enter into restrictive covenants with members of their workforce to protect their trade secrets and confidential information, particularly with employees who have access to such information. As in-house counsel...more