This portion of the training will conclude with a brief talk about (a) some of the ethics opinions from the ABA and various states about Collaborative Practice, (b) some of the proposals for creating new ethics rules applicable to Collaborative Practice; and (c) whether in light of the Uniform Collaborative Law Act and
the ABA ethics opinion approving the use of CP perhaps no new rules are needed.
The primary
ABA ethics opinion in this area, Formal Op. 08 - 451, and two earlier opinions (Formal Ops.
But this new
ABA ethics opinion makes clear that lawyers can never be complacent about security and technology.
If you try to publish
an ABA ethics opinion on your blog without first seeking permission, you can apparently expect a copyright takedown notice.
A new
ABA ethics opinion looks at how lawyers can advise their clients to speak directly to the opposing party in order to keep negotiations moving.
Appendices include key
ABA ethics opinions on freelance lawyering and a state - by - state summary of state ethics opinions.
Not exact matches
For example, the
ABA Journal discusses the recent work of Suffolk University law professor Andrew Perlman, who references sociological studies on group behavior to explain lawyers» tendency to discard their independent judgment and conform to group
opinion when confronted with ambiguous questions, such as those involving
ethics.
A few years ago, the
ABA issued a formal
ethics opinion stating that if there is a significant risk that a third party might gain access to the email, attorneys have to warn clients about that risk.
The
ABA issued an
ethics opinion saying that if there was a significant risk a third party might gain access to your client's email communications, you have a duty to warn your client about that risk.
At the same time, I find it ironic that while the
ABA opposes mandatory retirement programs, it has also issued an
ethics opinion holding that law firms can ethically make retirement benefits contingent on a lawyer's agreement to sign a non-compete clause (as a general rule, law firms can not bind lawyers to non-compete agreements because to do so would violate the client's unfettered right to a lawyer of his or her choosing).
«With little fanfare, the
ABA has withdrawn a controversial 1992
ethics opinion requiring a lawyer who inadvertently receives privileged material from an opponent to refrain from reading the material, notify the sender of the error, and abide by the sender's instructions.
As many of you are already aware, the
ABA's Standing Committee on
Ethics and Professional Responsibility released an
ethics opinion on legal outsourcing this week.
Unfortunately, with the
ABA having withdrawn a controversial 1992
ethics opinion addressing the question, the answer is anyone's guess, says Michael Yablonski in an article, New Rule, New Ballgame?
As usual, it is always a good idea to review your state bar rules, but the
ABA opinion outlines the basic
ethics considerations you should be aware of when hiring virtual workers or outsourced serviced provider:
I have been on an
ABA ethics committee and a state bar
ethics committee, and I have helped write the
ethics rules and
opinions.
He finds support in
ABA Formal
Ethics Opinion 94 - 389, which he calls «the most comprehensive treatment that I have found on when contingency fees are appropriate and how agreements should be presented and entered into by lawyers to avoid
ethics violations, while fulfilling fiducial duties.»
In addition to Kentucky
ethics opinions, the site searches the
ABA Center for Professional Responsibility, The American Legal
Ethics Library at Cornell University, LegalEthics.com, Freivogel on Conflicts and the legal
ethics site Hricik.com.
Client portal use for communication and collaboration is on the rise as well (which isn't surprising in light of the
ABA's recent
ethics opinion that encourages lawyers to avoid unsecure email when sending certain types of confidential client information and suggests lawyers consider using encrypted methods of communication, including secure, web - based client portals).
In addition to the recent
ABA Ethics Opinion taking a generally pro-social-media tone, two new judicial
ethics advisory
opinions have been issued for federal and state judges.
http://ambar.org/CPREthicsearch A research service, staffed by the
ABA Legal
Ethics Department, providing citations to applicable
ABA ethics rules,
ethics opinions and other relevant research materials in answer to questions concerning legal
ethics.
www.abanet.org/cpr Provides resources in legal
ethics including the
ABA Model Rules of Professional Conduct and headnote summaries of recent formal
ethics opinions issued by the
ABA.
The
ABA Commission on
Ethics 20/20 proposal and the NC State Bar proposed
ethics opinion both represent important steps forward in clarifying the
ethics of cloud computing, and it's encouraging to see both organizations take forward - looking positions on the use of technology in law firms.
There is also a summary listing of the
ethics opinions in this issue from the
ABA and other states and entities.
The
ABA's
ethics opinion is instructive, as well as the Texas
ethics legal
opinion referred to by Mr. Calloway at the end of his post.
The
ABA's recent
ethics opinion is different, in that it requires lawyers to look beyond the type of data being sent and to also consider the client's situation when transmitting electronic data.