Sentences with phrase «aba opinions»

ABA opinions on the model rules are not binding on the states.

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:

Is the ABA opinion firm enough, in your opinion?

Building on these rules, the recent ABA opinion on social media cautions judges not to «form relationships» or engage in communications online that might convey such an impression or create the «appearance of impropriety.»

«In response to those self - proclaimed ethical gurus who want to debate the fee agreement, I tracked down a copy of the ABA opinion.

A secure client portal is all the more important in light of ABA Opinion 477, which requires lawyers to avoid the use of unencrypted email when discussing particularly sensitive issues with clients.

Formal Opinion 477 is an update to a 1999 ABA opinion, Formal Opinion 99 - 413.

The ABA opinion noses around suggesting such a fee agreement clause, but never quite gets there.

The ABA opinion also addresses a fact scenario in which a lawyer and a client have agreed to approach data security in a certain way.

Even before the ABA Opinion was issued, we at Zola knew that lawyers need to have the best technological security measures in place to uphold the duties they owe their clients, to ensure continued client confidence, and to protect their reputation for always keeping their clients» best interests in mind.

Not exact matches

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The most prominent of these was ABA Formal Opinion 99 - 413, which concluded that a lawyer sending confidential client information by unencrypted email does not violate the model rules.

Formal Opinion 480 explains that lawyers communicating about legal topics in public commentary must comply with the ABA Model Rules of Professional Conduct, including Rule 1.6 (a) which says: «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).»

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.

Ad hoc opinions on specific issues of technology and social media are key to the development of this area of law, but the ABA recognized in 2009 that the time was right to consider changes to the Model Rules and thus to individual state rules.

Guidance like COPRAC's Opinion 2012 - 186 for attorney advertising, the Philadelphia Bar's Opinion 2009 - 02 on witness investigation, and the ABA's Opinion 462 on judges on social media are not only currently useful but will remain so for quite some time, even as technology evolves.

The new opinion, Formal Opinion 477 (embedded copy below), updates Formal Opinion 99 - 413, issued in 1999, to reflect changes in the digital landscape as well as 2012 changes to the ABA's Model Rules of Professional Conduct, particularly the addition of the duty of technology competence in Model Rule 1.1 and changes to Rule 1.6 regarding client confiopinion, Formal Opinion 477 (embedded copy below), updates Formal Opinion 99 - 413, issued in 1999, to reflect changes in the digital landscape as well as 2012 changes to the ABA's Model Rules of Professional Conduct, particularly the addition of the duty of technology competence in Model Rule 1.1 and changes to Rule 1.6 regarding client confiOpinion 477 (embedded copy below), updates Formal Opinion 99 - 413, issued in 1999, to reflect changes in the digital landscape as well as 2012 changes to the ABA's Model Rules of Professional Conduct, particularly the addition of the duty of technology competence in Model Rule 1.1 and changes to Rule 1.6 regarding client confiOpinion 99 - 413, issued in 1999, to reflect changes in the digital landscape as well as 2012 changes to the ABA's Model Rules of Professional Conduct, particularly the addition of the duty of technology competence in Model Rule 1.1 and changes to Rule 1.6 regarding client confidences.

Recognizing this, the ABA issued its Opinion 462 to address existing Model Code of Judicial Conduct provisions and their application to judges online.

On the other hand, ABA Staff Counsel Will Hornsby has argued (pdf)-- persuasively, in my opinion — that affordability isn't really the problem.

This Committee finds that the NYSBA rule is a better interpretation of the Code's disciplinary rules and ethical considerations and New York precedents than the ABA's opinion on this issue.

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 number of law school courses offered in judicial opinion writing has increased, 1 along with the total number of elective courses in legal writing.2 The growth of judicial opinion writing courses, in particular, may be due to the rise in popularity of judicial externships.3 Several schools have added a classroom component to externships in response to rules of the American Association of Law Schools (AALS) 4 and the American Bar Association (ABA).5

More information can be found on the site of the ABA's Business Law Legal Opinion Resource Center.

The state and federal judiciary have organizations that specialize in training judges, such as the ABA's Appellate Judges Conference8 and the Federal Judicial Center.9 Both of these organizations provide seminars in judicial opinion writing and have published helpful references.10 The interest in judicial opinion writing courses in law schools has developed more recently.11 In fact, law professors teaching these courses have used material designed for judges and their law clerks, assigned readings, their own materials, or some combination of these three.

(See, for example, ABA Formal Opinion 11 - 459 [2011] and Texas Ethics Opinion 648).

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).

First, on August 5, 2010, the ABA Standing Committee on Ethics and Professional Responsibility released Formal Opinion 10 - 457 on Lawyer Websites.

ABA Standing Committee on Ethics and Professional Responsibility Formal Opinion 10 - 547: Lawyer Websites September 30 By The American Bar Association «Many lawyers and law firms have established websites as a means of communicating with the public.

This is an important (though admittedly recherché) area of corporate practice, which has a great resource of background materials maintained by the ABA Business Law Section Committee on Legal Opinions.

ABA Formal Opinion 11 - 461 deals directly with this issue.

«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.

ABA Formal Opinion 1 - 459 tells us that A lawyer sending or receiving substantive communications with a client via e-mail or other electronic means ordinarily must warn the client about the risk of sending or receiving electronic communications using a computer or other device, or e-mail account, where there is a significant risk that a third party may gain access.

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?

Gregory Hanthorn, co-chair of the ABA Section of Litigation's Ethics and Professionalism Committee, spoke with me about the new opinion.

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.

That's what lawyer - blogger Ernie Svenson got (PDF) when he published ABA Formal Ethics Opinion 06 - 442.

If you try to publish an ABA ethics opinion on your blog without first seeking permission, you can apparently expect a copyright takedown notice.

I have been on an ABA ethics committee and a state bar ethics committee, and I have helped write the ethics rules and opinions.

A prime example is Formal Opinion 462, in which the ABA Standing Committee on Ethics and Professional Responsibility concluded that a judge may use social media so long as that use complies with the Code of Judicial Conduct.

In the January 2015 ABA Journal, I had an article about Washington state's limited license legal technician (LLLT) program, and last weekend I had an opinion piece in The Washington Post about the same topic.

Nationally, the ABA spoke to file retention and destruction back in 1977 when it issued Informal Opinion 1384, Disposition of a Lawyer's Closed or Dormant Files Relating to Representation of or Services to Clients.

The ABA recently issued Formal Opinion 462 which states that judges may participate in social media, but leaves it to further interpretation how judges may do so without giving the appearance of impropriety.

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.

ABA Formal Ethics Opinion 95 - 398, provides guidance in this area and concludes, «[a] lawyer who gives a computer maintenance company access to information in client files must make reasonable efforts to ensure that the company has in place, or will establish, reasonable procedures to protect the confidentiality of client information.»

In Formal Opinion 466, the ABA Standing Committee on Ethics and Professional Responsibility stated that any communication to a juror that requests access to information not made public is considered a prohibited ex parte communication under Model Rule 3.5 (b).

In this opinion, the ABA Standing Committee on Ethics and Professional Responsibility concluded that because there are more secure electronic communication methods available in 2017, lawyers will need to consider avoiding email for some client communications and use other, more secure electronic methods instead.

(See, for example, ABA Formal Opinion 11 - 459 (2011), Texas» Ethics Opinion 648, and Washington's Opinion 2016 - 01.