News & Analysis as of

American Bar Association (ABA) Attorney-Client Privilege

WilmerHale

ABA Spring Meeting Sessions: Key Highlights From US Antitrust Enforcers’ Statements (April 10-12, 2024)

WilmerHale on

Below is a summary of some of the most important points made by antitrust enforcers who participated in panels at the ABA Antitrust Section’s annual Spring Meeting....more

Miles Mediation & Arbitration

The Imperative of Mental Health for Attorneys: Navigating the Legal Landscape with Resilience

In the demanding realm of law, where high stakes, rigorous deadlines, and intense competition are the norm, the significance of mental health for attorneys cannot be overstated. Attorneys, often seen as pillars of strength in...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Rules of Engagement: Setting the Proper Scope of Representation to Protect the Client and the Lawyer

Ideally, the attorney-client relationship begins once a signed written engagement agreement is in place, which clearly outlines the clients who will be represented and the agreed scope of legal services. A properly drafted...more

Zuckerman Spaeder LLP

General Counsels Beware: Assume That Anything Can Go Viral in the #MeToo Era

Zuckerman Spaeder LLP on

In March 2023, at the American Bar Association’s White Collar Crime Institute in Miami, Gary S. Lincenberg moderated a panel of general counsels. The panel covered a range of different issues; this post focuses on the...more

Nextpoint, Inc.

How to Protect Attorney Client Privilege in Our Era of Electronic Evidence

Nextpoint, Inc. on

In this excerpt from our free eGuide on protecting attorney-client privilege, we explore the changes in rules regarding privilege and their real-life implications... The right of an attorney to communicate with a client...more

Proskauer Rose LLP

How To Navigate Claims Brought By 'Trust' Employees

Proskauer Rose LLP on

In a typical enterprise, most employees are hired to further the primary mission of the organization — whether providing goods and services, creating new products, engaging in sales and marketing, and so forth. ...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Legal Ethics Trend – Representing Clients with Diminished Capacity

The #FreeBritney movement catapulted the ethical challenges of conservatorships into the public eye. Pop icon Britney Spears, whose father was appointed as her conservator in 2008, stands at the center of this cultural...more

Conn Kavanaugh

SJC Holds that Bar Counsel has Burden of Proof on Whether Disclosed Information is “Generally Known” for Violation of Rules of...

Conn Kavanaugh on

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

Holland & Knight LLP

Beyond Politics: Attorney-Client Privilege and Work Product Protection

Holland & Knight LLP on

American Bar Association Model Rule 2.1 and its state law equivalents recognize that in advising a client, a lawyer may take into account and refer to "moral, economic, social and political factors that may be relevant to the...more

Downey Brand LLP

Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

Downey Brand LLP on

We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and...more

Esquire Deposition Solutions, LLC

Exercising Due Diligence in the Selection of a Tech Vendor

The task of conducting due diligence in the selection of technology vendors is a critical component of the lawyer’s ethical obligation to maintain reasonable security over client confidential information. However, for several...more

Downey Brand LLP

Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity

Downey Brand LLP on

What are the ethical obligations of a California lawyer for a client with diminished mental capacity? The ethics committee of the State Bar of California answers this key question in draft Formal Opinion No. 13-0002, with...more

Rivkin Radler LLP

ABA Provides New Guidance On Remote Work For Lawyers

Rivkin Radler LLP on

On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar...more

Carlton Fields

When Terminated Employees Steal: Cases of Purloined Company Documents

Carlton Fields on

An employee is terminated, her laptop and phone seized. As she is escorted from the premises, Human Resources instructs her, in no uncertain terms, about company information: All internal company emails and other business...more

White and Williams LLP

ABA Issues New Cybersecurity Ethics Rules for Lawyers

White and Williams LLP on

Lawyers are advisors and advocates. Clients trust lawyers to preserve secrets, confidential matters that when disclosed could cause financial or reputational damage. A significant element of legal representation involves...more

Esquire Deposition Solutions, LLC

How Does Technology Impact Legal Practice?

The client-lawyer relationship is an important one. With competent representation, clients receive legal services promised to them through the judiciary system. The American Bar Association Center for Professional...more

Esquire Deposition Solutions, LLC

How Social Media Waives Former Client Confidentiality

Privacy is actively discouraged by using social media. Chat rooms encourage public discussions, Facebook posts are available for friends to see, and lengthy arguments fuel a frenzy of comments and re-tweets on Twitter feeds....more

Holland & Knight LLP

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

Holland & Knight LLP on

• The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary. • Notably, the opinion recites the...more

Proskauer - Minding Your Business

Encrypting Emails: ABA Issues New Guidance Addressing Security Concerns over Attorney-Client Communications

In May, the American Bar Association (“ABA”) released a Formal Opinion 477, providing guidance on attorney use of emails in communication with clients. In doing so, the ABA has promulgated a new standard when considering the...more

Holland & Knight LLP

ABA Issues New Guidance on Safeguarding Electronic Communications

Holland & Knight LLP on

In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...more

Baker Donelson

Industry May Be Foreshadowing More CFPB Challenges

Baker Donelson on

In our last newsletter, we discussed the CFPB's proposed amendments to its rule regarding the confidential treatment of information obtained from supervised or regulated entities in connection with the exercise of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Final Persuader Rule: What You Need to Know About the New Reporting Requirements

On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (including lawyers) to report labor relations advice and services under...more

Thomas Fox - Compliance Evangelist

Do Law Firms Have An In-House Privilege?

There is often a discussion about the retention of outside counsel to lead an investigation of alleged violations of the US Foreign Corrupt Practices Act (FCPA) so that the company may maintain the attorney-client privilege....more

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